It’s time to talk trademarks again, as Nintendo of America has had a new filing for ‘Virtual Console’ bumped up to the pending phase. But let’s be clear right from the jump, it probably doesn’t mean what you’re thinking.
As brought to our attention by @MikeOdysseyYT on X, the trademark was initially submitted on 21st April 2025, and got boosted up to the pending phase last week on 17th October. The application pertains to two different goods and services classes: IC 009 for “Recorded electronic game programs; downloadable electronic game programs; recorded video game programs” and the like, and IC 041 for “Providing non-downloadable online electronic publications, namely online journals and interactive online blogs featuring user generated or specified content in the field of video games and online publications in the nature of e-books in the field of video games” amongst other things.
NOA currently has two other trademarks for Virtual Console (one renewed in 2018 and one in 2020), each of which is only linked to one of the two ‘Goods and Services’ classes outlined above.
But does this mean that Virtual Console will be making a comeback? Probably not, honestly. Trademarking is a long-running game of protection, and Nintendo is always on top of it. The company issues renewals all the time, ensuring that its wording, names and IP all remain under the same legal umbrella — some of them turn into something, but most of them are just to keep everything on lock.
That said, this isn’t a renewal. The application in question is for a new trademark, with the two pre-existing Virtual Console ones staying where they are. The fact that the newbie compiles the Goods and Services classes of the two others makes us think that this is just a pre-emptive way to move everything into one neat TM, but excited speculation is bound to lean in the opposite direction.
Even putting the typical behaviour of trademarks to one side, we can’t imagine that Nintendo would be considering bringing back the Virtual Console program while it continues to put Nintendo Switch Online front and centre. Sure, it would be lovely to get the chance to buy some of these classics on modern hardware, but why risk NSO subs in the process?
So yes, there may soon be a new trademark in town, but let’s not get those hopes up, eh?
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