A trademark application filer thinks Nintendo needs to chill a bit. Nintendo has requested an extension of time to oppose the TOKEMON trademark in association with “cigarettes”.
Ben Rogers is a resident Alaska and while not shoveling his driveway, chasing moose off his property, digging for oil, crabbing, (I can go on for a while) he seems to like playing Pokémon and relaxing. Way back in 2015, Rogers filed an intent to use trademark, meaning the mark is not actually in use yet but Ben has grand plans to use it one day, for the TOKEMON mark in association with “Cigarettes; Cigarettes containing tobacco substitutes not for medical purposes”. We all get it there Ben, wink wink. Over the years, the trademark has died and Ben has revived it and the mark was finally published for opposition….and that’s when someone decided to throw a Pokéball at the trademark application.
Nintendo was applied for and was granted an extension of time to oppose the TOKEMON trademark. This is the usual first step, it allows the potential opposer more time to evaluate the case before it opposes the mark or even permits the parties time to try to work out a settlement. Some people may argue, sure TOKEMON is very close to POKEMON and only differ by one letter but its clearly a parody. However, while parody may be a defense to claims of trademark infringement it is not justification to allow a trademark to be registered.
Nintendo has until the first week of June to oppose the mark or walk away. Ben will be sitting in the snow until such time smoking some cigarettes containing substitutes.