Nintendo will lose the Eternal Darkness trademark if they don’t show they are using it



Nintendo quietly renews trademarks for its various intellectual property behind the scenes, sometimes in order to keep a brand name they have not used in awhile – Eternal Darkness falls into this category, and its fate has now fallen into question.

Information has now arisen in the form of a USPTO TSDR that shows that Nintendo is nearing the end of the road for renewing the Eternal Darkness trademark, unless it shows an intent to use, basically realising something using the Eternal Darkness name.

The deadline is 36 months.

New game? GameCube original hitting a new section of the VC? or will Nintendo let this one fade to back?



Lewis Pugh is a game developer at Leuvsion ( for mobile platforms, born and bred on Nintendo gaming. Being a developer gives Lewis a unique perspective on Nintendo news, especially relating to the eShop and Nintendo Network. Today he plays Wii U and 3DS enjoying their distinctive gameplay offerings. Looking into what the future holds for Nintendo is always tricky, even with its established heritage, but that’s exactly what makes it so fun. NNID: Leuvsion


  1. It doesn’t even need to be a full game. Toy companies play this game all the time – they can show “use” by just putting a name on a box in a character bio of another character. They could easily do it any number of ways without actually creating a stand-alone game. Example – presumably Super Smash Wii U will have downloadable content – they could easily make a “eternal darkness” DLC pack that has a character or two from the franchise and that would satisfy any trademark issue just by releasing a product with that name on it.

  2. Or a trophy.

  3. Eternal Darkness was one of my Favourite Games of the GameCube era, would love for Nintendo to do something more with the Franchise.

  4. Well, maybe if they give it up someone else will actually make one! The first of many games I ever experienced the disappointment of ‘push forward date’. Without a doubt, not only my favorite GC game, but one of my favorite over all.

    I saw, but too late, that Kickstart was recently working on financing a sequel. Unfortunately, not enough people knew about it and the funding fell threw. I for one would have invested money because gamers know more than bean counters about which games have loyal followers. I wish they would have asked us! I just want a sequel! Because I have neither played my Wii in ages, nor purchased a Wii U, I hope Sony buys it!

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