Candy Crush developer trademarks the word 'candy'

jasperthegoat on 22/01/2014 - 00:09

What do you guys think? I personally think its ridiculous!

Almost a year after the makers behind the popular mobile game Candy Crush Saga filed a trademark claim for the word "candy", the filing has been approved in the United States.
Now, app developers with games on the market that include "candy" in the title are reportedly receiving emails from Apple asking them to remove their apps from the App Store.

These emails are in line with Apple's protocol as the company automatically sends out emails asking the two parties to connect when a claim is filed. Such emails therefore don't necessarily mean the tech giant is working alongside King.com, the maker of Candy Crush, it's simply the protocol that takes place when a user files a claim against another developer.

The trademark includes games and software, educational services, and, oddly enough, clothing.
King.com is indeed asking other developers to remove their games, according to Gamezebo. King did not immediately respond to a request for comment, and an Apple spokesperson declined to comment.

Laying claim to a word as common as candy is ruffling some feathers in the world of gaming developers, many of whom may not have the financial resources necessary to fight a trademark claim against a more established developer such as King.

Benny Hsu, the developer behind All Candy Casino Slots – Jewels Craze Connect: Big Blast Mania Land, told Gamezebo he doesn't have the money to fight back. "I plan on changing the name if that is what I must do," he said.

King claims that users play more than 30 billion games per month, and its top game, Candy Crush Saga, was the most-downloaded free game on iPhones and iPads in 2013.
The filing was approved by the United States Patent and Trademark Office last week.

Read more: http://www.smh.com.au/digital-life/games/candy-crush-develop…

Gaming

Comments

  • Ventak on 22/01/2014 - 00:52

    Perhaps developers will now start using the word "lolly"…well until that gets trademarked as well.

    But yeah, this is ridiculous. They're common words….

    • botftw on 22/01/2014 - 02:06

      I understand their viewpoint however - yes these are common words, but when another company uses the word "candy" in their apps - it can seriously make their game/app popular by freeloading the success and popularity of candy crush.
      eg. Using names like: Candy Blast, Candy Squash, Candy Twister

      all with games similar to bejeweled and the lot.

      I reckon their reasoning is justified, however this is the problem with intellectual property rights.

      • cashews on 22/01/2014 - 05:58

        Yeah but what about games that already had Candy in their title before Candy Crush was released?

        I guess some of Apple's own trademarked words are also an example of this: Aqua, Carbon, Chicago, Cocoa, Logic, Numbers, Pages, Smart Cover, Spaces, Spotlight, and so on..

        • SirFlibbled on 23/01/2014 - 12:16

          they'd probably have a reasonable argument to tell them to get stuffed if they app had the name before the claim was lodged.

        • RI4V4N on 26/01/2014 - 11:53

          Thats not how trade marks work.
          I am going to post a new post as to how it works, just because everyone does not seem to understand it.

        • SirFlibbled on 26/01/2014 - 23:33

          I'm a lawyer mate. I just prefer to use layman terminology in discussions because I learnt a long time ago that being anal wont make anyone like you.

          You'll learn that when you graduate.

        • RI4V4N on 27/01/2014 - 09:16

          Haha, I graduated. I was talking to the guy above you (thats why the reply isnt further indented - if it hasnt reached maximum indented level yet). What you said was right, in very layman terms :P

  • retiredfeline on 23/01/2014 - 12:20
    +2

    I'm going to trademark "liquor" because it's quicker.

  • scotty on 25/01/2014 - 00:52
    +2

    … All Candy Casino Slots – Jewels Craze Connect: Big Blast Mania Land …

    That… as game title?!!

    Also just read this. Sounds like King.com is just dodgy.

  • [Deactivated] on 26/01/2014 - 10:51

    They are also attempting to trademark the word "Saga".

    Its a joke, if it goes through its just a testament to how flawed the system is.

    • RI4V4N on 26/01/2014 - 11:51
      -1

      More a testament to how much you and most people don't understand trademark law.

  • RI4V4N on 26/01/2014 - 11:58
    -1

    This is how it works.

    CANDY is not a descriptive term used to describe video games or features of video games. (SAGA is more debatable).

    If no one else has candy (or something similar, not going into that test) registered on the tm register, they can register it. It does not matter at all if other people have used it before, if they do not currently have it registered as a tm.

    Having a registered trade mark DOES NOT give you all rights over the word, it gives you rights to NAME your games, ie, use them as a trade mark. However, the right is not absolute.

    You have to actually be using the trade mark as applied for on the goods on you have claimed. CANDY is not being used on the goods, they are calling it CANDY CRUSH SAGA, hence it would be very hard to actually enforce a judgement/decision in their favour at a legal level if they actually did anything other than threaten people.

    Now people who have been using CANDY/SAGA before king applied for CANDY/SAGA can file for a trade mark themselves and would likely get up on the exception of prior use - this means if they were using their tm in the marketplace before king applied for their TM, they can get their TM registered as well.

    • Ayadan on 29/01/2014 - 20:25

      Well, can any game's name contain the word "Candy" from now on? I think thats the more important question.

      • RI4V4N on 30/01/2014 - 06:12

        Like I've said above, to actually enforce a right they will have to show they are using it, since they are not using candy by itself, it's pretty unlikely.

  • tonyjzx on 10/02/2014 - 09:56

    they're also trademarking "saga"

    • RI4V4N on 10/02/2014 - 18:21

      They have actually trade marked saga already in Australia at least.
      The thing is, you can get a trade mark, but it doesnt give you some ultimate right, you have to actually be using it and there are a number of factors someone defending against such an action could bring up.

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