copyright intellectual-property trademark patents
YU-GI-OH! name IP protection?
<p>What is the TM and IP status for <strong>Yugioh</strong>?</p>
<p>Related to question <a href="https://law.stackexchange.com/q/87619/3942">Will the YU-GI-OH! card copyright ever end?</a>, is the name 'Yu-Gi-Oh!' name protected?</p>
<p>This resource <a href="https://trademarks.justia.com/769/77/yu-gi-76977902.html" rel="nofollow noreferrer">Justia</a> suggests TM protection for video game use.  I'm wondering about other game formats and merchandising?</p>

<h2>It's trademarked.</h2>
<p>Yu-Gi-Oh has active trademarks in at least the following categories:</p>
<ul>
<li><a href="https://tsdr.uspto.gov/#caseNumber=76977902&amp;caseType=SERIAL_NO&amp;searchType=statusSearch" rel="nofollow noreferrer">IC 041 - US 100, 101, 107</a> Providing games played through communication by computer terminals; providing computer game software programs that are downloaded through computer networks, providing a computer game that may be accessed network-wide by network users</li>
<li><a href="https://tsdr.uspto.gov/#caseNumber=76977468&amp;caseSearchType=US_APPLICATION&amp;caseType=SERIAL_NO&amp;searchType=statusSearch" rel="nofollow noreferrer">IC 041 - US 100, 101, 107</a> Providing games played through communication by computer terminals; providing computer game software programs that are downloaded through computer networks, providing a computer game that may be accessed network-wide by network users</li>
</ul>
<p>So <strong>any</strong> downloadable or internet-streamed game is covered.</p>
<ul>
<li><a href="https://tsdr.uspto.gov/#caseNumber=76071879&amp;caseType=SERIAL_NO&amp;searchType=statusSearch" rel="nofollow noreferrer">IC 009 - US 021, 023, 026, 036, 038</a> Computer products, namely, computer game programs; [ video game cartridges; video game CD-ROMs; video output game units; computer game CD-ROMS;] video game programs; video game programs for use with television sets [; video game machines for use with television sets; game-playing equipment, namely, joysticks and game controllers ]</li>
</ul>
<p>Any data-carriers sold are covered here. CDs, Cartridges, SD-cards. Together with the 041 trademark: <strong>Any and all computer game is covered.</strong></p>
<ul>
<li><a href="https://tsdr.uspto.gov/#caseNumber=76071881&amp;caseType=SERIAL_NO&amp;searchType=statusSearch" rel="nofollow noreferrer">IC 016 - US 002, 005, 022, 023, 029, 037, 038, 050</a> Playing cards; trading cards [ ; calendars; posters; game instruction manuals; computer game instruction manuals; game instructions sheets; scoring sheets; books, namely, strategy guides; stationery ].</li>
</ul>
<p>Almost all print products are covered here.</p>
<ul>
<li><a href="https://tsdr.uspto.gov/#caseNumber=87501573&amp;caseType=SERIAL_NO&amp;searchType=statusSearch" rel="nofollow noreferrer">IC 041 - US 100, 101, 107</a>: Entertainment services, namely, an ongoing series featuring animated cartoons provided through webcasts.</li>
</ul>
<p>Animation series are covered here.</p>
<h2>They covered all their bases</h2>
<p>The most extensive trademark under the Yu-Gi-Oh sub-items covers all of this, including pretty much any merchandize you could think of and that is not food:</p>
<ul>
<li><a href="https://tsdr.uspto.gov/#caseNumber=88925847&amp;caseType=SERIAL_NO&amp;searchType=statusSearch" rel="nofollow noreferrer">IC 009, 016, 018, 025, 028, 041 - US 001, 002, 003, 005, 021, 022, 023, 026, 029, 036, 037, 038, 039, 041, 050, 100, 101, 107</a> - Straps for mobile phones; accessories for mobile phones, namely, earphones, phone cases; mouse pads; integrated circuit cards and smart cards, namely, pre-recorded DVDs and CDs featuring computer programs for playing video and computer games; downloadable computer programs for video and computer games via communication networks; downloadable computer game programs; downloadable computer game programs for games adapted for use with an external display screen or monitor; downloadable video game programs via communication networks for computer games adapted for use with an external display screen or monitor; downloadable audio recordings featuring music via communication networks; exposed cinematographic films; exposed slide films; slide film mounts; recorded video discs, video tapes, DVDs, and CD-ROMs featuring animated cartoons and animation, and featuring movies in the field of adventure and children's entertainment; downloadable image files via the internet featuring animated cartoons and animation; downloadable electronic publications in the nature of books and magazines in the field of comics, cartoons, games, music, movies and toys; computer game programs for arcade games adapted for use with an external display screen or monitor; spectacles; sunglasses; downloadable electronic publications in the nature of comic books and magazines in the field of comics and cartoons, Notebooks for writing; paper; stationery; postcards; rubber erasers; seals for stationery; stickers for stationery; writing instruments; bookmarkers; writing pads; pen and pencil cases; posters; collectible trading cards; books and comic books featuring cartoons and children's stories; calendars; diaries; printed matter, namely, posters, brochures, and newsletters in the field of comics; electric pencil sharpeners; luncheon mats of paper; towels of paper; handkerchiefs of paper; pastes and adhesives for stationery or household use; comic books featuring cartoons and children's stories, All-purpose carrying bags; tote bags; handbags; waist bags; shoulder bags; backpacks; Boston bags; carry-on bags; school bags; travelling bags; wallets; key cases; commutation-ticket holders, namely, ticket pouches; business card cases; leather pouches; pouches for holding keys; drawstring pouches; pouches of textile; pouches for holding makeup, keys and other personal items; umbrellas; parasols; walking sticks; canes; clothing for domestic pets; envelopes of leather for packaging, Clothing, namely, jeans; jackets; pants; coats; sweaters; sport shirts; polo shirts; shirts; blouses; shirts for suits; sweatsuits; pajamas; nightwear; underwear; swimwear; swimming caps; T-shirts; sleep masks; aprons; socks and stockings; shawls; scarves; gloves; mittens; neckties; neckerchiefs; bandanas; under garments; mufflers as neck scarves; ear muffs; hoods; nightcaps; headwear; footwear, not for sports; shoes; boots; masquerade costumes; garters; suspenders; waistbands; belts for clothing; clothes for sports, namely, jerseys; footwear for sports, namely, athletic footwear, Computer game consoles for use with an external display screen or monitor; hand-held games with liquid crystal displays; toys, namely, action figures, dolls, puzzle games, and dominoes; playing cards; trading card games; cards for trading card games; coin-operated amusement machines and apparatus for use in amusement parks other than arcade video game machines; playing card game accessories, namely, playing card cases, playing card holders, mats for use in connection with playing card games, playing card shuffling devices and dice; jigsaw puzzles, Educational and instructional services, namely, providing classes, panel discussions, and seminars in the field of arts, crafts, sports, comics, and entertainment; arranging, conducting, and organizing game events, namely, card game competitions; providing non-downloadable electronic books and electronic comics in the field of cartoons, games, movies, and toys via communication networks; on-line reference library services, namely, providing electronic library services which feature electronic books, comics, pictures, and images via an on-line computer network; reference libraries of literature and documentary records; entertainment services, namely, provision of online non-downloadable comic books and graphic novels; movie showing, movie film production, and movie film distribution; entertainment services, namely, providing non-downloadable sound recordings featuring music via internet or mobile phone communications; providing non-downloadable games via communications by computer terminals or mobile phone communications; providing amusement facilities; entertainment services, namely, an ongoing series featuring animated cartoons provided through webcasts</li>
</ul>
<h2>Not enough?</h2>
<p>Oh, and as a kicker: Yu-Gi-Oh <em>might</em> be considered a <a href="https://www.inta.org/topics/famous-well-known-marks/" rel="nofollow noreferrer">famous mark</a>, similar to Apple computers, Nintendo or Microsoft: hearing the word immediately gives people the idea of a very specific Anime card game with larger than life series attached to it.</p>
<p>Giant Food, Inc. v. Nation's Foodservices, Inc., 710 F.2d 1565, 218 U.S.P.Q. 390 (Fed. Cir. 2004) held that the mark GIANT FOOD was famous because:</p>
<ul>
<li>45 years of use</li>
<li>extensive media exposure</li>
<li>sales in excess of 1 billion USD per year</li>
<li>prominent display on the facade of supermarkets</li>
</ul>
<p>Yu-Gi-Oh can claim:</p>
<ul>
<li>24 years of use</li>
<li>Extensive media exposure (dozens of Anime series, cinema movies...)</li>
<li>Konami's '22 revenue of 2.8 Billion USD (~300 billion Yen) was largely due to Yu-Gi-Oh  and in the 22 years some reporter claimed that <em>1 trillion Yen</em> would have been earned by Yu-Gi-Oh</li>
<li>prominent ads for any of the merchandize and series, such as partnerships with McDonalds.</li>
</ul>
