London-based King.com Ltd., maker of the popular game “Candy Crush Saga,” is seeking a US trademark for the word “candy.”
The trademark application covers not only “Apps featuring computer games, namely, computer game software” but also hundreds of other goods and services, including:
Camcorders; Cameras; Cassette players; Compact disc players… DVD players; Downloadable electronic publications in the nature of e-books, online magazines, online newspapers, electronic journals, blogs, podcasts… Headphones; Juke boxes… Baby monitors; Mouse pads; Spectacle cases; Spectacle frames; Sunglasses; Clothing, namely, aprons, bandanas, bath robes, bathing caps…[and] waistcoats…
Before the trademark is granted, others will be able to file official oppositions. At least a thousand other games (not to mention other products) use the word “candy” in their titles.
According to King’s website, “Candy Crush Saga, is one of the largest interactive entertainment franchises of all time” and 92 million users play the company’s games more than a billion times per day.
Although the trademark has not yet been approved in the US, King has sent a notice of infringement to at least one company that makes an iOS game with “candy” in its name: All Candy Casino Slots – Jewel Craze Connect: Big Blast Mania Land.
The company that makes the All Candy game was told:
Your use of CANDY SLOTS in your app icon uses our CANDY trade mark exactly, for identical goods, which amounts to trade mark infringement and is likely to lead to consumer confusion and damage to our brand. The addition of only the descriptive term ‘SLOTS’ does nothing to lessen the likelihood of confusion.
A King spokesperson said that its position was based on its trademark for “candy” in the European Union.
In other sweets-related news, “The Cronut” was officially granted trademark protection on January 14, 2014, in International Class 30 (the staple foods category, which includes breads, pastries, and confectionaries).
(For the uninitiated, a “cronut” is a hybrid between a croissant and a donut.)
How Can I Help?
If you have questions about the types of words and phrases that can be protected as trademarks, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.
– Ex astris, scientia –
I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +
Norman