Hey guys, mind if i join? Since wolf and Ridley were revealed, k rool is my most wanted newcomer.
Hey there. I'm rather new to this board as I've been reading the King K. Rool forums recently and I really want him to be in the game. Yes, he's my most wanted newcomer. If there's a King K. Rool discord, I want to join.
I only just joined a few days ago myself, so I'm not sure if there are rules regarding who gets to welcome others to the thread and who doesn't, but I couldn't find anything when I looked, so... welcome aboard!
I saw a few articles pointing out the sudden trademark a few years back, and I noticed that they all claimed that Nintendo had trademarked King K. Rool based solely on the fact that they put the little ™ symbol next to his name. As it turns out, though, if you actually have a registered trademark, you
don't use the ™ symbol; instead, you use the ® symbol. If you use ™, that usually means that you
don't have a registered trademark, but you're
claiming it as a common-law trademark to try and dissuade other people from using it, even though it doesn't have the same protections as a registered trademark. (Source: I just graduated from law school in May and have taken two intellectual property courses. Here's a super quick rundown of the differences for anyone who's interested:
https://www.lawtrades.com/blog/answers/intellectual-property-differences/.)
I ran a few quick trademark searches in the USPTO trademark database, and, sure enough, I couldn't find any registered trademarks related to King K. Rool. (If anyone wants to search for themselves, you can do so here:
http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4803:1ongep.1.1) This shouldn't be seen as bad news, though, since trademark protection can be hard to get for characters' names unless they're the title of the series, like Donkey Kong or Super Mario, so slapping on a ™ is probably the best they could do for King K. Rool. And considering the timing of
when they slapped on that ™, I think we can still view the news in the same positive light as always. (Just with some extra legal nuance.
)
Finally, as a side note, I also ran searches for "Donkey Kong," "Donkey Kong Country," and "Super Smash Bros.," since Nintendo tends to use ™ after those titles as well. Nintendo
does have registered trademarks in all three, so I'm not entirely sure why they don't use ® instead. Any IP scholars out there with more experience want to weigh in on this one?