Candy Crush developer King trademarks the word ‘candy’; Apple asks developers to rename or remove games from App Store

“The delectable ascent of Candy Crush Saga to the top of the app charts has just been sweetened by yet another conquest,” Geoff Weiss reports for Entrepreneur. “After the game’s developer, King, filed a trademark claim for the word ‘candy’ with the U.S. Patent and Trademark Office last February, it has walked away victorious.”

“The ruling gives King rights to the word in the domain of software products, educational services and — somewhat tellingly — clothing,” Weiss reports. “And Apple is enforcing the decision by blasting emails to developers whose apps include the term, asking them to either rename or remove their games from the App Store.”

“King responded somewhat judiciously, however, that it was not seeking widespread prosecution,” Weiss reports. “‘Our IP is constantly being infringed and we have to enforce our rights and to protect our players from confusion,’ the company said in a statement. ‘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.'”

Read more in the full article here.

Related articles:
Apple says ‘Candy Crush Saga’ was App Store standout in 2013 – December 18, 2013
Hooked on Candy Crush Saga? King.com gets gameplayers to pay – October 8, 2013
Maker of ‘Candy Crush Saga’ King.com said to file for U.S. IPO – October 2, 2013

50 Comments

    1. Don’t you mean “Bejeweled”? It’s surely a knock-off of Bejeweled. I tried Candy Crush, but personally I think Bejeweled is far superior, and whatsmore, Candy Crush keeps asking for money to update to extra features.

      1. For me the challenge is actually going up the levels without paying King a single penny. I feel quite elated sometimes when a level is beaten, that has been bugging me for days. Personally, I think the whole thing is total luck and perseverance.

  1. Pfffffft. I’m hereby filing a trademark claim for the word “the.” You have all been put on notice that, henceforth, any use of the word “the” will be prosecuted vigorously. We thank you in advance for your compliance.

    1. Wow, being able to trademark the word “candy” (even as it related to video games) is almost as ridiculous as granting trademarks for the words “windows” and “office”
      And yet…

  2. I think my head just exploded. How many software titles have common words in them? “Scanner”, “Tuner”, “Battle”, “Note”, “Store”, “Map”, “Calendar”.

    1. If you had done a bit more research you’d know that prior to Apple creating the App Store, App was not in common usage with reference to software utilities, so they were perfectly within their rights.

    1. No, Apple is protecting itself from any legal claims by King that it is supporting trademark infringement by sending out the notices. It basically passed the buck to developers.

  3. I downloaded Candy Crush on my original iPad which has the most updated version iOS available for the original iPad…

    The game app CRASHES every single time in opening. I get as far as pressing the first game. Should be called ‘Candy Crash’!

    1. They can play it but from now on it will be called “Confection Land”.
      “Chinese Checkers” will now be called “Asian Checkers”, and because of actions taken by Hershey’s you may no longer refer to kissing your significant other but must, in fact, “osculate” them.

  4. Do you say tissue or ask for a Kleenex” Do you copy something or do you Xerox it? Now Kleenex and Xerox would have a better argument regarding their Registered trademark ‘brand’ then Apple’s attempt at cornering the market of such a generic phrase.

    “Besides, “The Registrar also noted that ‘appstore’ as one word had been a registered trademark of the US-based cloud services company Salesforce in June 2006 indicating an understanding and use of the term well before Apple’s application for trademark.””

    http://www.zdnet.com/au/dueling-linguists-brought-in-to-argue-apples-app-store-trademark-7000023294/

    Salesforce’s registered trademark, hmm…

    “The R-in-a-circle means that the trademark is registered with the United States Patent & Trademark Office. That involves filing an application with a fee, and establishing that the owner is entitled to exclusive use of the mark in connection with particular goods and services. One may not use the R-in-a-circle sign without a registration.

    A “TM” designation just means that the user of the trademark asserts that the word, phrase, design, or whatever it is, is a trademark owned by the user. Anyone can assert that anything is their trademark, but that does not necessarily mean that the user has exclusive rights. Federal and state trademark law protects many unregistered trademarks from confusion. But, an unregistered trademark is not subject to the same presumptions and legal protections and a registered trademark.”

    http://askville.amazon.com/difference-TM-trademarks/AnswerViewer.do?requestId=5008583

    If ‘appstore’ had been a registered tm of Salesforce in 2006. Then wouldn’t Apple sort of be in violation since Apple applied for it in 2008?

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