Wee bit of trouble: Nintendo can't trademark 'Wii Remote'
by Randy Nelson 
{ Dec 2nd 2008 at 10:00PM }
Oh, woe is Wii. Sure, Nintendo's latest console is printing money, but it has a little problem on – or, rather, in – its hands: the US Patent Office has suspended a request by the company to issue a trademark for the "Wii Remote."
GamePolitics reports the application was put on hold due to the fact that "remote" is such a widely-used term, but the USPTO is willing to compromise. As long as the word "remote" is always preceeded by the word "Wii" (in all marketing, manuals, etc.) and Nintendo admits it holds no trademark on the word "remote," the government will reconsider.
Why not just go with "Wiimote," something that we (not Wii) and, well, everyone else have been calling it from day one? GamePolitics points out that Nintendo did, in fact, try for that one – only to learn that a Florida company markets a TV remote for children under the name "Weemote." D'oh. Perhaps Nintendo could take this opportunity to re-brand the controller? Think of the possibilities: the "WaggleWand," the "GameBaton," the ... "Einhänder!" Oh, wait. Why don't you give it a shot? (And, as the Superintendent says, "Keep it clean!")
GamePolitics reports the application was put on hold due to the fact that "remote" is such a widely-used term, but the USPTO is willing to compromise. As long as the word "remote" is always preceeded by the word "Wii" (in all marketing, manuals, etc.) and Nintendo admits it holds no trademark on the word "remote," the government will reconsider.
Why not just go with "Wiimote," something that we (not Wii) and, well, everyone else have been calling it from day one? GamePolitics points out that Nintendo did, in fact, try for that one – only to learn that a Florida company markets a TV remote for children under the name "Weemote." D'oh. Perhaps Nintendo could take this opportunity to re-brand the controller? Think of the possibilities: the "WaggleWand," the "GameBaton," the ... "Einhänder!" Oh, wait. Why don't you give it a shot? (And, as the Superintendent says, "Keep it clean!")
Reader Comments (Page 1 of 2)
Mr Khan @ Dec 2nd 2008 10:06PM
Not like i've ever really seen Nintendo refer to it as "the remote" in any sort of official documentation
Though it's strange that they're blocking this from Nintendo while the courts are letting all of these patent suits to go through
Wiinterfang @ Dec 2nd 2008 10:20PM
they are clearly pissed because they didn't think of it first.
Kyattsuai @ Dec 2nd 2008 10:09PM
Techno-Truncheon™
jackbauer @ Dec 2nd 2008 10:11PM
"not wii-lly"
"woe is wii"
someone is on the top of their game.
Kinsey @ Dec 2nd 2008 10:14PM
Wii for Mii stick
Dr.Nerd @ Dec 2nd 2008 10:17PM
I'm really amazed at the fact the most creative company actually made the wii and called it's remote the wiimote even though there was already one. But hey maybe I should buy a wiimote sorry Shigiru but I mean the real wiimote.
Dr.Nerd @ Dec 2nd 2008 10:18PM
Wait 10:17PM thats 3 hours past my flipping time!!!
Wiinterfang @ Dec 2nd 2008 10:24PM
Go to bed!!!.
Dr.Nerd @ Dec 2nd 2008 10:27PM
Snoooooooooooooooore... Satisfied Wiinterfang?
Cody @ Dec 2nd 2008 11:37PM
Wow you really are a nerd!
In A World (XBL) @ Dec 2nd 2008 10:20PM
Call it the "Bowler Controller"
Arttemis @ Dec 2nd 2008 11:36PM
Now, if only I could hear that in LaFontaine's voice...
Hamza @ Dec 3rd 2008 5:29AM
you have some kinky fetishes.
Leo McKelvin @ Dec 2nd 2008 10:22PM
waggle wand
Einhanderkiller @ Dec 2nd 2008 10:25PM
Ya, Einhänder sounds good.
Adam @ Dec 2nd 2008 10:33PM
Call it "The super motion/tilt sensing controller for the Wii system" maybe a bit verbose, but descriptive.
Jack @ Dec 2nd 2008 10:33PM
" the ... "Einhänder!"
o.o
This is a Wii Remote Controller I find
http://www.dealstudio.com/deallink.php?deal_id=153985&ru=283
rokobungi @ Dec 2nd 2008 10:35PM
call it the WiiBar
Naota @ Dec 2nd 2008 10:46PM
they could always just use "Form Baton" like they did in Wario Ware
Markez @ Dec 3rd 2008 1:29AM
I'm a fan of this idea :) but only if they had the same narrator as in WarioWare explaining all game controls in every game!
j.howlett @ Dec 3rd 2008 2:01AM
i love it. don't forget balance stone
bearmedal @ Dec 2nd 2008 11:18PM
I've always preferred the term "remote controller".
Hafk @ Dec 2nd 2008 11:41PM
Einhander. Square already took that one. I remember when they made things other than RPGs.
Man, good times.
superpidge21 @ Dec 3rd 2008 12:18PM
Einhander was such an amazing shooter...I don't think Square made any rail shooters after that, correct me if I'm wrong, but I would love to see a sequel on the PS3 and/or 360
pguevara @ Dec 2nd 2008 11:42PM
GamePolitics should probably stick with "politics" and not law. The USPTO did not suspend the application because of "remote". It was
suspended because other parties filed "WII" trademark applications (like WII60) before Nintendo filed the one for WII REMOTE. Once Nintendo "opposes" those other WII applications, the WII REMOTE application will likely be approved as long as they disclaim trademark rights to the generic term "remote".
Courtney @ Dec 3rd 2008 1:42AM
Ummm, perhaps you should try reading the ruling before criticizing Game Politics. This is from the letter mailed to Nintendo:
"Applicant must disclaim the descriptive wording “REMOTE” apart from the mark as shown because it
merely a characteristic, feature, function, or use of applicant’s goods. See 15 U.S.C. §1056(a); TMEP
§§1213, 1213.03(a)."
It then goes on for 8 paragraphs describing why Nintendo needs to disclaim any right to remote and includes references to two separate dictionary definitions of remote to back up the assertion that it is not, itself, a trademarkable term.
http://cdn2.libsyn.com/gamepolitics/Nintendo-USPTO-wii-remote-suspend.pdf?nvb=20081203062429&nva=20081204063429&t=06d45af8d792412f4acba
Somehow, I'm thinking that Game Politics got this one more right than you, even with your liberal use of "quoted" words to "backup" your "argument."
Temidien @ Dec 3rd 2008 6:56AM
Oh snap, you've been Shaq-fu'ed!
aaronx_x @ Dec 2nd 2008 11:45PM
wii-wii
-slycooper_rocker- (lorddshadow the amazing) psn: shahanasalam @ Dec 3rd 2008 12:16AM
waggle stick ftw
wickedpheonix @ Dec 3rd 2008 12:16AM
It's a Wii peripheral, and it's being used in lieu of a proper controller. Hence, Wiitroller. Easy.
Wait, I use that to describe Wii fanbois on forums, hmmmmm...
Misfit Toy @ Dec 3rd 2008 12:30AM
How about the WiiDestroy http://www.wiidamage.com/
scotty @ Dec 3rd 2008 12:31AM
how about Wii-Shaft
SuMtOnE @ Dec 3rd 2008 12:45AM
how bouts Wii-Win
Brett from Atlanta @ Dec 3rd 2008 12:48AM
dust collector?
Markez @ Dec 3rd 2008 1:30AM
HA
oh wait...
it's not funny...
at all
WilhelmThe1st @ Dec 3rd 2008 2:57AM
I laughed.
Foetoid @ Dec 3rd 2008 8:40AM
I think the Wii is the best thing to happen to gaming since the N64 and i still laughed at 'Dust Collector'.
Joe @ Dec 3rd 2008 12:52AM
Lol, awesome Halo 3: ODST reference at the end, I really liked it.
IcedOmega13 @ Dec 3rd 2008 1:24AM
Well if it has a nun chuck, how about the wii shuriken
Courtney @ Dec 3rd 2008 1:36AM
The Great White Waggle.
mchat2k6 @ Dec 3rd 2008 2:23AM
The Motion Zapper... and they need to make it bright orange.
Gehodra @ Dec 3rd 2008 4:25AM
Call it the Penismote. That been trademarked yet?
Kye says: Know thyself @ Dec 3rd 2008 5:04AM
So you can't patent something that has the same sounding name as something else?
Lord Negatron @ Dec 3rd 2008 8:23AM
"Fun Stix, with Swing Stroker(Nunchuk)"
Cragy Island @ Dec 3rd 2008 10:43AM
"Mote-Boy"
Patrick Guevara @ Dec 3rd 2008 11:43AM
Courtney, I did read the Notice of Suspension. It clearly stated that "Action on this application is suspended pending the disposition of:
- Application Serial No(s). 77136959, 77422025 and 78872928". One of those apps are for WII60. The disclaimer is NOT the reason for the suspension and I did state that Nintendo will have to disclaim "remote." Lastly, my post is merely a comment and not an argument. I made that comment based on practicing trademark law and prosecuting hundreds of trademark applications/registrations for nearly a decade.
BlaqueBeird @ Dec 3rd 2008 6:13PM
Yeah, well I'm one of the 6 guys that run the hold world, and sitting beside me is Jesus. We golf every Tuesday.
See? I can say stuff that isn't necessarily true, too, but it's on the internet, so you have to believe it, and there's nothing you can do about it.
BlaqueBeird @ Dec 5th 2008 2:34PM
And that was definitely supposed to say "whole" instead of "hold". No idea where that came from. I wasn't even close.
ZeroCorpse @ Dec 3rd 2008 12:49PM
Just call it "Remote For Retards Who STILL Aren't Bored With Mario."
ian @ Dec 3rd 2008 5:27PM
Why dont they just call it the Throbbing White Arcade Truncheon and have done with it? Unfortunately the acronym for that one is T.W.A.T. This wouldn't really fly with their all new and annoying casual gamer image. Imagine asking your granny to play fair and give up the T.W.A.T.