1. Applicant, Nintendo of America Inc., is a corporation organized under the laws of the state of Washington and has a mailing address of 4600 150th Avenue NE, Redmond, Washington 98052.2. On January 14, 2015, Applicant filed an Application, namely Serial No. 86/502,847 for the mark POKÉMON SHUFFLE, as a trademark for use in connection with “Downloadable electronic game programs; downloadable electronic video game software; electronic game programs; electronic game software; video game programs; video game software,” which was published in the Official Gazette on July 7, 2015.3. Cartamundi is the owner of U.S. Trademark Application Serial No. 79156054 (“Cartamundi’s Mark”, filed June 16, 2014 with a priority date of December 16, 2013 and published for opposition on August 4, 2015, for SHUFFLE & Design in connection with “Apparatus for recording, transmission or reproduction of sound, images or other data; apparatus for receiving of sound, images or other data, namely, audiovisual receivers and mobile data receivers; magnetic, optical, numerical and electronic data carriers, namely, prerecorded magnetic data carriers featuring games; data processing equipment and computers; computer game software and computer hardware; computer software platforms for playing games; electronic and computerized video games software; downloadable electronic greetings cards and trading cards, namely, digital trading cards in the nature of multimedia software recorded on magnetic media featuring games; downloadable electronic publications in the nature of magazines and books in the field of games; downloadable electronic manuals and handbooks in the field of computer games; electronic diaries; electronic memo books in the nature of handheld computers; downloadable electronic books in the field of computer games, downloadable electronic game programs; downloadable audio and video recordings featuring games; downloadable music files; downloadable video and computer game programs; downloadable digital music from the Internet; downloadable electronic game programs” and “Games and playthings, namely, game cards; playing cards and cards for games; electronic hand-held game units; musical games, namely, musical arcade games; electronic playthings, namely, electronic learning toys; handheld electronic games, namely, hand held units for playing electronic games; apparatus for games, namely, handheld game consoles; decorations for Christmas trees” and “Education services, namely, providing classes, seminars and workshops in the field of card games; providing of training in the field of card games; entertainment, namely, providing an online board card game; provision of on-line entertainment, namely, providing on-line computer card games; providing of non-downloadable electronic publications online in the nature of magazines and books in the field of games; electronic publication of books and magazines online; games services provided online from a computer network, via computer databases or via the Internet, namely, providing online electronic games; providing information online relating to computer games and computer enhancements for games; providing information from an on-line computer database in the field of computer games; information relating to entertainment, provided on-line from a computer database or the Internet; providing on-line music, not downloadable; arranging of online computer games via the Internet; rental of books, films and computer game programs; games equipment rental; rental of video games” (“Cartamundi’s Goods𔄦. Applicant's Mark was filed on January 14, 2015 on the basis of an intent to use in commerce.5. The priority date for Cartamundi’s Mark in the United States precedes the filing date of Applicant's Mark.6. Cartamundi’s trademark rights in Cartamundi’s Mark are superior in time to Applicant's rights in Applicant's Mark.7. Applicant lists downloadable electronic game programs, downloadable electronic video game software, electronic game programs, electronic game software, video game programs, and video game software in its application for registration of Applicant’s Mark.8. Cartamundi lists computer game software, electronic and computerized video games software, computer software platforms for playing games, downloadable electronic game programs, downloadable video and computer game programs, and downloadable electronic game programs in its application for registration of Cartamundi’s Mark.9. Applicant's Mark is intended to be used in connection with goods that overlap with and closely relate to Cartamundi’s Goods.10. Applicant's Mark so resembles Cartamundi’s Mark in terms of appearance, sound, connotation and commercial impression as to be likely, when applied to Applicant's goods, to cause confusion and mistake and to deceive.11. Applicant’s targeted customer base includes the general public.12. Applicant's targeted customer base overlaps with the customers of Cartamundi.13. As Applicant's goods description contains no restrictions or limitations as to Applicant's channels of trade, Cartamundi may assume that Applicant's Mark will be used in all accepted channels of trade.14. Applicant's intended channels of trade for its game software overlap with the channels of trade used by Cartamundi in marketing, selling, or otherwise distributing its game software under Cartamundi’s Mark.15. Applicant's Mark is confusingly similar to Cartamundi’s Mark so that registration of Applicant's Mark would be inconsistent with and damaging to Cartamundi. Persons familiar with Cartamundi’s Mark would likely perceive Applicant's goods as associated or affiliated with or sponsored by Cartamundi, or vice versa. Such confusion would inevitably result in damage to Cartamundi.16. Any defect, objection to or fault found with Applicant's goods marketed under Applicant's Mark would necessarily reflect on and seriously injure the reputation that Cartamundi has established for its goods.17. Registration of Applicant's Mark would give Applicant prima facie evidence of the validity and ownership of Applicant's Mark and of Applicant's exclusive right to use Applicant's Mark, all to the detriment of Cartamundi.WHEREFORE, Cartamundi prays that Applicant's Mark be refused registration and that this Opposition be sustained.