A Not-So-Sweet Trademark Battle

Recently, NBC News posted an item regarding a trademark battle going on over who can get the best trademark on the word “candy:”


Such battles over a particular word have come up many times before, much to the delight of trademark attorneys.

Most of the time the only one standing after one of these battles are the lawyers.  This is because far too much emphasis is put on the legal battles over the word mark and not enough thinking about how to come up with a very original word mark that can become a strong mark everyone would recognize and like.  A strong mark should bring business to your doorstep and make customers have fond feelings about your product and where to get your product.  In this case the competitors lawyer spent most of the money on finding better ways to get a mark through the trademark office for their client (at high cost) and opposing the marks of the client’s competitor (also at high cost), or bringing cancellation proceedings against the competitors marks.  The two parties here got nine marks through the trademark office with the word “candy” in the mark.  Not such a big deal when you see that no less than 4,026 marks also have the word candy in the mark.  Of the nine marks that have the words “candy crush” in them, 6 are still alive and 3 are dead due to expensive oppositions or cancellation proceedings, which are the available weapons of high costs in the trademark office.

The parties should have sought more original word marks for their business endeavors where they could obtain the mark for a mere $275.00 if you file electronically in the Trademark Office found at http://www.uspto.gov .  The result would be much more business for the client and at much less cost to the client.

Bruce Winchell