In the world of trademark law, some cases become paradigm-setting examples. Such was the recent legal battle between Nintendo—the Japanese entertainment giant—and a small Costa Rican supermarket called “Super Mario.” The outcome was unexpected: Costa Rican courts ruled in favor of the local business. The reason? Nintendo had not registered the “Super Mario” trademark under the grocery category in Costa Rica.
This case not only drew international media attention—from outlets like El País, France 24, and Comercio y Justicia—but also served as a wake-up call highlighting the importance of strategic and well-advised trademark registration.
The Origin of the Dispute
Super Mario supermarket, founded in 1973 by José Mario Alfaro González, had been operating for over five decades in the city of San Carlos. Its name, officially registered in Costa Rica, simply reflected the founder’s name.
In 2024, Nintendo filed a lawsuit claiming trademark infringement. But the supermarket’s defense was clear and well-documented: the store had existed long before the character “Mario Bros.” was created in 1985, and its name was legally registered.
What ultimately tipped the scales was a technical but crucial detail: Nintendo held trademark rights in categories like video games, toys, and licensed merchandise—but not in grocery retail. That oversight was decisive in the National Registry’s ruling in favor of the supermarket.
Why Is This Case So Important?
Because it proves something we at ERP Lawyers emphasize daily:
A trademark registration isn’t just paperwork. It’s a legal strategy that protects your business, your identity, and your assets.
Trademark law uses an international classification system based on categories or “classes.” If your business registers its trademark in only one class, someone else could legally use the same name in another industry—without violating your rights. That’s exactly what happened to Nintendo.
📌 Key Takeaways for Business Owners and Entrepreneurs
-
Registering a trademark isn’t enough: it must be done in the right classes to cover all your business activities.
-
Even small businesses can stand up to large corporations with proper trademark registration.
-
Getting legal advice from the beginning can help avoid costly disputes down the road.
🧾 ERP Lawyers Can Help
At our boutique law firm, we support companies and entrepreneurs through the entire trademark registration process in Costa Rica—from developing a smart classification strategy to defending against oppositions or legal conflicts.
Want to know if your trademark is properly registered or needs extra protection?
👉 Get in touch with one of our intellectual property specialists today.
