Just being able to talk or even do magic is not nearly enough. I think you could get away with a dragon if it consistently walks upright, as in it can walk four-legged or two legged, like FlightRising's Skydancers for example, I think its... iffy at best but shouldn't be under fire. This exception really only applies to dragons because they don't exist and are more often than not depicted as having complete sentience. This exception doesn't apply to pokemon I think because they're consistently depicted as literally just animals even if they aren't real.

I still feel like those ones are a little weird even if they're smarter. I won't personally attack anyone over it in comparison to pokemon like, say, lilipup. It's just. Weird imo