They can trademark the character Mario but am I right in saying that they can't possibly trademark the name?
It's like DampeS8N says, more or less* - Peek here.
*When "design" is discussed in relation to a trademark I think it pretty much concerns itself with stuff like the look of the logo etc (ie branding); When you talk about "design" in relation to videogames you're talking about character art and whatnot - the sort of thing that copyright is supposed to protect. There's defo' some cross-over though.
basicaly, what I'm looking for is some copyrights infos about copyrights over ancient Atari console game XYBOTS
It's still being sold in the Midway Arcade Treasures collection so my guess would be that their blessing is out of the question.