What this record means
The record shows that “FUNKY'S FLY ’N' BUY” is a pending service mark owned by Nintendo of America Inc. The mark is being examined for registration on the Principal Register and covers retail store services featuring candy, chocolate, confections, gifts, and general consumer merchandise in class 035. A similar name would raise the closest concern in the same class, especially for businesses selling or advertising those types of goods. The record does not give Nintendo control over every use of the wording; it only protects the specific goods and services listed. The prosecution history indicates that the applicant has requested and received two extensions to file a Statement of Use, with the most recent extension granted on May 18, 2026. No opposition, cancellation, or enforcement activity appears in the supplied history. For someone considering a similar name, the presence of this pending mark in the same class suggests a meaningful risk of conflict.
Informational only - not legal advice.