King.com the company behind the popular Candy Crush Saga was awarded a registered trademark for the word Candy as it relates to video games and clothing. Yes clothing.
Here is a link to the TM at the USPTO
One important thing to note is there still could be opposition. In the filing it says under status,
Status:
Gamezebo.com broke the news today and spoke to others in the gaming space who may be affected.
“Lots of devs are frustrated cause it seems so ridiculous” says Benny Hsu, the maker of All Candy Casino Slots – Jewel Craze Connect: Big Blast Mania Land. Benny’s game, which shares no similarities with King’s properties aside from the word ‘candy,’ is one of a number of games that have been targeted by King.
Hsu contacted Sophie Hallstrom, King’s IP paralegal, to discuss the matter further. Rather than the simple “oops, our mistake” that Benny was hoping for, he was given a very finite response. “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,” reads Hallstrom’s reply. “The addition of only the descriptive term “SLOTS” does nothing to lessen the likelihood of confusion.”
So how does a word like ‘candy’ get trademarked? According to Martin Schwimmer, a partner at the IP legal firm Leeson Ellis (and the man behind The Trademark Blog), it’s all about how strong a connection the claimant has to that mark when it comes to a particular good or service. Think of Apple, for example. Nobody is going to expect the electronics giant to lay claim over the fruit, but if someone were to try to market an electronic device under that name, you’d better believe their lawyers would swoop in.
So the question then, is whether or not there’s a strong enough connection between the word ‘candy’ and video games as it pertains to Candy Crush Saga. According to the US Trademark Office, the answer is a bona fide yes.
beautiful !
So let me get this straight now FACE and CANDY are stricken from the english dictionary and given to some tech companies. This puts YogaGlo patent of online yoga classes to shame, seriously this is everything that is wrong with this country. It is friggen CANDY!
I feel the USPTO’s Approval for Publication of the Mark “Candy” in the Company’s submitted classes is appropriate, as there are no conflicting or pending trademarks within the USPTO database. Moreover, as mobile gaming apps with the “Candy” moniker have sprung up to piggyback off “Candy” as a strategy to steal sweet profits from the Candy Crush empire, now earning $1 million daily from ads, buy-ins, this action was necessary. This also protects the consumers from downloading “Candy Wannabes” while trying to get their “Candy” fixes. Kinda like attempting to order an Apple iPad Air and getting something called “Apple Paddy” (those mephitic matters created in pastures, not shops in Chengdu)
Perhaps this Company, King.com will expand its Candy offerings and will seek candy.com. With about $1 billion and counting in its expanding candy chest, what’s another $20 million, or even $50 million? They da Kings of game apps and they knocked Zynga off the throne.
Sorry, but I see their submitted classes as far more than overly broad, perhaps even completely insane. Actually read everything they want to own the word “candy” for…
Apparatus for recording, transmission or reproduction of sound or images; Blank magnetic data carriers and recording discs; Blank magnetic disks, pre-recorded magnetic disks featuring computer games; Compact discs, DVDs and video recordings featuring computer games; Calculating machines, Data processing equipment, namely, couplers, Computers; Computer game software for video and computer games; Video disks and video tapes with recorded animated cartoons; Audiovisual teaching apparatus, namely, slide or photograph projection apparatus; Camcorders; Cameras; Cassette players; Compact disc players; Compact discs featuring video and computer games; Computer game programs; Computer keyboards; Computer memory hardware; Computer operating programs, recorded; Computer peripheral devices; Computer programmes, recorded for video games; Computer programs for video games; Computer software, recorded for video games; Downloadable image files containing photographic and other digital images; Downloadable music files; Downloadable ring tones for mobile phones; DVD players; Downloadable electronic publications in the nature of websites, e-books, online magazines, online newspapers, electronic journals, blogs, podcasts and mobile applications in the field of computer and video games; Exposed photographic film; Headphones; Printed holograms; Juke boxes, musical; Laptop computers; Microphones; Baby monitors; Battery performance monitors; Computer monitors; Mouse pads; Notebook computers; Blank optical discs; Optical discs featuring computer and video games; Personal stereos; Portable media players; Portable telephones; Record players; Sound recording apparatus; Sound reproduction apparatus; Sound transmitting apparatus; Spectacle cases; Spectacle frames; Sunglasses; Tape-recorders; Teaching apparatus, namely, electronic teaching equipment; Telephone apparatus; Television apparatus for projection purposes; Blank USB flash drives; Blank video cassettes; Prerecorded video cassettes featuring computer games; Video game cartridges; Video recorders; Cases for mobile phones, tablets and other electronic mobile devices; Computer games software; Computer game entertainment software; Downloadable electronic game software for use on mobile phones, tablets and other electronic mobile devices; Video game software; Interactive multimedia computer game programs; Games software for use on mobile phones, tablets and other electronic mobile devices; Downloadable computer software for mobile phones, tablets and other electronic mobile devices in the field of social media; Downloadable software in the nature of a mobile application for use in the field of social media; Apps featuring computer games, Clothing, namely, aprons, bandanas, bath robes, bathing caps, bathing suits, bathing trunks, beachwear, beach shoes, belts, bibs not of paper, boots, caps, headwear, coats, dresses, dressing gowns, ear muffs, football boots, gloves, hats, headbands, jackets, jumpers, pullovers, masquerade costumes, money belts, neckties, overalls, overcoats, pajamas, pants, paper hats for use as clothing, sandals, sarongs, shirts, shoes, short-sleeve shirts, shower caps, ski boots, ski gloves, skirts, sleep masks, slippers, slips, socks, soles for footwear, stockings, suits, sun visors, sweaters, sweatshirts, swimsuits, tee-shirts, tights, trousers, under garments, underpants, underwear, uniforms, vests, waistcoats, wristbands; Footwear, Educational services, namely, conducting classes, seminars, workshops in the field of computers, computer games; Training in the field of computers, computer games; Entertainment, namely, providing on-line computer games; Entertainment in the nature of computer games, namely, providing temporary use of non-downloadable computer games; Entertainment, namely, providing non-downloadable computer games online; Entertainment services, namely, providing temporary use of non-downloadable interactive games; Entertainment services, namely, providing temporary use of non-downloadable electronic games; Entertainment services, namely, providing a website featuring games and puzzles; Entertainment services, namely, providing online video games; Sporting and cultural activities, namely, in the field of computer games; Amusement parks; Arranging and conducting of workshops for educational purposes; Providing casino and gambling facilities; Providing information relating to educational services; Educational examination; Electronic desktop publishing; Entertainment services, namely, live, televised and movie appearances by a professional entertainer; ; Film production, other than advertising films; Gambling services; Providing on-line computer games via a computer network; Games equipment rental; Operating lotteries; Organization of sport and electronic games competitions; Party planning; Production of music; Entertainment, namely, production of television shows; Providing amusement arcade services; Hosting social entertainment events, namely, karaoke parties for others; Non-downloadable electronic publications in the nature of websites, e-books, online magazines, online newspapers, electronic journals, blogs, podcasts and mobile applications in the field of computer and video games; Publication of books; Publication of electronic books and journals on-line; Providing recreation facilities; Scriptwriting services; Writing of texts; Electronic games services provided by means of a global computer network; Entertainment services, namely, providing online electronic games for use on mobile phones, tablets and other electronic mobile devices; providing enhancements within online computer and electronic games; Entertainment services, namely, providing temporary use of non-downloadable single and multi-player electronic interactive games via the internet, electronic communication networks or via a global computer network; Multimedia publishing of software, specifically of computer game software, electronic games and video game software
Yeah right… tell me again how they dominate the clothing and computer connector industry and how so many Karaoke parties are put on by them too… WTF? This application is totally insane.
“Spectacle cases; Spectacle frames; Sunglasses;”
umm… what about the 46 existing marks for “eye candy” already?
This is disgraceful.
Apple Computers is an interesting example, if only because of the numerous lawsuits brought on them by Apple Records over the years.
In any event, I remember when the word ‘Tycoon’ was stamped on every other game title that came out, soon after the game ‘RollerCoaster Tycoon’ made it fashionable in 1999. I don’t recall any amount of “it’s mine” litigation going on back then, though.
The trademarking of “candy” in this manner does seem to be incredibly overreaching. If King’s games can’t stand on their own and are supposedly threatened by others using the generic word “candy”, even if it has nothing to do with their game, what does that say about the (very generic) nature of their apps?
‘Candy Crush’ is just another variation on the extremely common ‘Match 3’ mode of gameplay, after all. Nothing new to see here… and yet with this action, it appears that they seem to believe they invented it.
you’ll not be allowed to have candy underwear either…. oh, this is beyond bad!
A Trademark without the .com is like (fill in the blank)
🙂