Nintendo Loses 'Super Mario' Trademark Dispute Against Costa Rican Supermarket

Nintendo Loses 'Super Mario' Trademark Dispute Against Costa Rican Supermarket Nintendo, known for its vigorous defense of its intellectual property across the globe, recently suffered a setback in a trademark case involving a family-owned supermarket in Costa Rica.

The Japanese gaming giant took legal action to prevent a local business named 'Super Mario'—located in San Ramón—from renewing its longstanding trademark despite the store making no direct reference to Nintendo’s iconic video game series beyond its name. For several decades, 'Super Mario Supermarket' has served the San Ramón community, establishing itself as a trusted local business.

The trademark came under scrutiny last year when Mario, the original owner's son, sought to renew the trademark registration.

Nintendo, which holds trademarks for 'Super Mario' under numerous product categories worldwide, attempted to block this renewal by appealing to the country’s legal authorities. Facing one of the largest names in the gaming industry, the supermarket’s owners knew the odds were stacked against them.

In a statement, Mario’s son expressed their initial anxiety: he thanked legal advisor José Edgardo Jiménez Blanco for leading the effort, noting, "We even considered giving up at one point, unsure how we could prevail against such a commercial giant, especially with the volume of legal documents Nintendo submitted in their attempt to win.

Thankfully, Edgardo and I remained steadfast, and recently we received excellent news." The National Register, Costa Rica’s main patent and trademark authority, ultimately ruled in favor of the local business.

The authority determined that, while Nintendo holds the 'Super Mario' trademark in multiple areas, its registration does not extend to supermarkets or the sale of groceries.

This distinction allowed the Costa Rican supermarket to retain its branding and continue operating under the familiar name. Photos posted on social media show the supermarket with a sign proclaiming support for local businesses, held by Mario’s son, Charlito.

Importantly, the store’s logo and branding bear no similarity to any of Nintendo’s intellectual property, apart from sharing the name.

The supermarket also offers customers a complimentary sticker featuring its own logo as a gesture of appreciation. Celebrating the victory, the supermarket’s team remarked, "This represents a huge advancement for our vision.

The very fact that such a major company is taking notice shows that we are making an impact.

SUPER MARIO is here to stay." While Nintendo has won many high-profile trademark battles related to its video games, hardware like the Nintendo Switch, and eShop content, this case stands out as a rare defeat for the company.

For local Costa Rican businesses, the decision also highlights the importance of supporting regional enterprises and the boundaries of global trademark enforcement. For more on video game trademarks and Nintendo news, follow industry updates as they develop.

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