It’s taken the world by storm, especially the fairer sex. People can’t seem to get enough of it, and the army of people playing the game is rising at ridiculous rates.
What started off as a simple game where brightly coloured pieces of candy has become a sensation.
But did you know? King.com owns the Trademark for the word ‘Candy’
Trademark for the word candy?
When candy crush got the trademark, there was outrage and concern that the company had been given exclusive rights over a commonly used word. By law, every trademark has to have a distinctive character, which distinguishes from other trademarks and brands.
In this light, was the move of the trademark office in the United States and Europe granting a trademark to candy crush unjustified?
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In our opinion, absolutely. And that is perhaps the reason why they have abandoned the application the United States, albeit belatedly. In Europe however, the trademark for candy still belongs to the makers of candy crush.
What does this mean for your trademark?
As lawyers, we would advise you to choose words which are unique and distinctive at time of starting your business. Choosing a common word like candy in your name will make getting a trademark harder. However, if you do decide to choose a name like candy, you can protect by designing a very attractive logo. This is a fairly common practice.
For instance, companies like IBM have a highly stylised version those three simple alphabets, I, B and M.
Better still, if you already have a logo, combine the word which you want trademark with logo. Case in point here is BMW, which has a very interesting logo containing their logo the alphabets B, M and W.
If you can though, come up with something distinctive. It will be easier to register a Trademark and it will also guarantee you protection.
And a strong trademark may not fetch you candy, but it will get you some brownie points with investors.
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