Candy Crush Saga Maker Files for Trademark of 'Candy'

January 21, 2014 - GamePolitics Staff

Trademarking a single common word is never a good idea, but that hasn't stopped King.com from attempting to secure a trademark for the word "candy." The company, which makes the ridiculously popular social and mobile game Candy Crush Saga, has filed a patent application for "Candy" with the USPTO. The application, which was filed for last year, was approved on January 15. Companies who oppose this filing have a 30 day window to file a complaint.

King's trademark would cover the use of the word "Candy" in games, games accessories, merchandise, and a other items, including "paper hats for use as clothing."

A 30-day window now exists for companies to oppose the trademark.

On a related note, several reports indicate that Apple is notifying app developers (on behalf of King) that they will need to change their app's name to avoid any kind of trouble.

We will have more on this story as it develops. There's no doubt in anyone's mind that King will be aggressive in protecting its trademark should it manage to secure it later on down the road...

You can check out the trademark application here.

Source: Eurogamer


Comments

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

This should have been rejected the moment it landed on the desk at the USPTO. The fact that it wasn't means somebody should be fired.

Edit: And it appears these morons weren't finished:

http://kotaku.com/candy-crush-saga-makers-go-after-the-banner-saga-for-1...

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

Dumb!  In so many ways!

Fortunately, Candy Land, a Milton Bradley (now Hasbro) game, is a fantastic precedent.  That game was made in 1945.  If you want something you can act on, try to get in touch with Hasbro's lawyers so they can, in turn, file a dispute with the USPTO (and maybe file suit against King.com for wasting their time).

But don't forget that Microsoft, after many years and several attempts, succeeded in obtaining the Windows(R) trademark.  So this unfortunately has a chance at passing.  Which is stupid.  The Windows trademark was stupid then and it is still stupid now.  King.com should just file for Candy Crush, which is more appropriate and more likely to succeed.

- Left4Dead Why are zombies always eating brains? I want to see zombies that eat toes for a living. Undead-related pun intended.

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

Trademark law doesn't quite work that way. The Trademark can only be enforced in the same field that the applicant functions in and only against those who utilize the trademarked term AFTER the trademark is issued. For example, There's a movie and an anime both commonly referred to as 'Avatar'. Both wildly different and both have the trademark for the name. But because one is classified as Movie and one is TV the companies behind either cannot file a trademark dispute claim against the other.

In your example, Video games are a different classification than Board Games which means Hasbro cannot file a trademark dispute against King.com. The most they can do is claim preemptive use (because there are Candy Land video games) should King.com try to file a claim against them. Now had Hasbro claimed Candy as a trademark in video games (which they didn't, they trademarked Candyland) when they made the video games, THEN they could file a dispute. But they can't claim from other categories on a term they did not trademark.

Finally, the reason Microsoft had so much trouble getting the Window label trademarked was because at the time other operating systems were utilizing a window panel GUI. The apple OS and various other proprietary OSes utilizing MS-DOS as the core used window panels as part of it's GUI. It took numerous rewrites to ensure that only the OS name was trademarked to prevent Microsoft from going sue-happy on any company using window panels for it GUI.

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

Let's be honest, the lawyers won't give an ant crap if the trademark isn't enforceable outside their medium, they'll go after whoever uses it.

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

Actually they won't. Lawyers and legal teams live or die on their success rates. If they start going after cases they know they'll lose they'll get cut from their current employers and will find it tough if not impossible to get new contracts.

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

The point is to stop people from ripping off his product by making something similar and calling it "Candy X" hoping people will mix it up with Candy Crush, and they claim that's the only way they intend to enforce this trademark.

Quoth the article linked:

"We have trademarked the word 'Candy' in the EU, as our IP is constantly being infringed and we have to enforce our rights and to protect our players from confusion," a King spokesperson told Eurogamer sister site GamesIndustry International. "We don't enforce against all uses of Candy - some are legitimate and of course, we would not ask app developers who use the term legitimately to stop doing so."

Addressing the example of an app developer which had already been told to change its name, King argued that the game in question had been deliberately designed to create confusion with Candy Crush.

"The particular app in this instance was called 'Candy Casino Slots - Jewels Craze Connect: Big Blast Mania Land', but its icon in the App Store just says 'Candy Slots', focusing heavily on our trademark. As well as infringing our and other developer's IP, use of keywords like this as an app name is also a clear breach of Apple's terms of use. We believe this App name was a calculated attempt to use other companies' IP to enhance its own games, through means such as search rankings."

 

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

That goal could still have been easily reached with a trademark on "Candy Crush". Trademark law does not protect only the term or logo. It also protects against deceptively similar names and logos. So with a trademark on "Candy Crush" They could still have challenged "Candy Slots", they would have just had to take extra steps to show the game creator was malicious in its naming.

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

I would argue that I could tell the difference between Candy Slots and Candy Crush.  This is not confusing, and does not infringe.  I'd also say attempting to Trademark a generic term like 'Candy' in relation to video-games or games in general is dumb, and should not be allowed. 

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

If you can tell the difference between two things with obviously different names then you aren't a representative sample of the population.

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

*sits and waits for the standard misunderstandings of how trademarks work and the 'I will trademark "the" and sue everyone" jokes*

It does sound like they were granted an inappropriate trademark given the word's pre-existing usage in the industry.  And yeah, apparently it has been granted already and is being enforced.

Though it sounds like so far they have only been enforcing it against games that not only use "Candy" in their names but are very similar to their own "Candy" branded games.

So this might actually not be quite as ridiculous as it initially sounds.

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

File this one under ridiculous trademark request. This is almost as bad as Monster Cable.

----
Papa Midnight

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

What trademark did they make a grab at?

Re: Candy Crush Saga Maker Files for Trademark of 'Candy'

Monster. They tried suing a lot of things that used "Monster" in their name. Monster.com, the job search site, Monster Energy Drink, who became their own trademark troll going after alcoholic drink Vermonster, and even Monsters Inc, the Pixar movie.

 
Forgot your password?
Username :
Password :

Poll

Did Microsoft pay too much ($2.5 billion) for Minecraft developer Mojang?:
 

Be Heard - Contact Your Politician