From http://wiiudaily.com...sign-trademark/
According to the trademark filing, the Select, Start, B, A layout is what most concerns Nintendo, as it is the specific part of the patent that they’ve reacquired. You’ll remember back in 2005 the patent for the cross-shaped D-Pad expired, meaning other companies like Sony and Microsoft could begin using it without fear of being sued by Nintendo.
Will we be seeing a throwback controller with the NX? There’s tons of speculation on what could be done, including Nintendo building a throwback controller accessory for their upcoming mobile games