The press has been full of debate over the move by King.com, the maker of the popular Candy Crush Saga game to apply for a trade mark for the CANDY name. Most recently, The International Game Developers Association has claimed that the filing was “over-reaching”. Given the great reputation that King.com has built on the brand in such a short time, it makes complete sense for it to seek to protect the CANDY name. Like Rovio before it, which took care to trade mark ANGRY BIRDS, King will likely want to use the CANDY name for merchandise, such as clothing.

In Europe, it is easier to protect individual words, like CANDY, than in the US, where they would possibly have to register the whole CANDY CRUSH SAGA name as a mark.

King.com has sought to protect the mark for computer games, clothing and entertainment products. Businesses must be forward thinking when applying for trade marks, considering what they will be doing in the next three to five years. The merchandising opportunities a games maker has when one of its games goes viral can be huge and it makes sense to apply for protection for clothing, computer games and entertainment, if not for other classes of goods too.

For more information, contact your usual Marks & Clerk attorney or solicitor. Alternatively, contact Aidan Clarke at aclarke@marks-clerk.com