The “Candy” case: can we actually trademark everything?

Following the echo of a recent controversy, I would like to take the opportunity to reflect about whether or not everything can be registered as a trademark.

The controversy I mentioned is the one who sees as protagonist the company King, owner of the phenomena gameCandy Crash Saga.

The company filed an application to register the word “Candy” as a trademark to the USPTO (United States Patent and Trademark Office) for a wide range of goods and services (in relation to gaming, educational services and clothing).

The application was filed in 2013, and the past 15 of January the USPTO has approved the application to be published, which opens a 30-days period for objections.
More than one thought the decision of USPTO seems to be questionable and more than one could think that the company has taken too far the protection of its trademark.

Trademark application

Without going deeper in the legal question, let’s just say that a dispute was to be expected on a word that is not only so common and generic, but also just “descriptive” used in that context. (more…)