By the way, King did not only file trademark for "candy", but also "saga", which turns out to be a problem for "The Banner Saga".
http://www.polygon.com/2014/1/22/5335766/stoic-king-is-hinde...
This is especially weird, as "saga" is quite common:
http://www.polygon.com/2014/1/22/5335766/stoic-king-is-hinde...
This is especially weird, as "saga" is quite common:
edit: nvm, apparently it's called Candy Crush Saga, so this is a silly comment..
Trademark law isn't like copyright. It's not universal. It's limited by market scope and market geography. And the analysis is mainly focused on how confusing it would be to customers.
Trademark law is actually pretty sensible when you learn about it. But it's not easy to describe in short summary.
This http://lawoffashion.com/blog/story/11/16/2012/164 is an interview with an ex-USPTO trademark examiner turned trademark attorney.
That's not to say that every application for registration is treated with rigour and care just that there is absolutely an examination procedure. In the UK one of the targets is [was] a high degree of validity, ie if courts overturn the registration then you've failed.
You don't have to pick a name no-one is using ... that's Trademarks 101 right there. But you knew that as you intimate in your second para.
The "candy" trademark is pretty insane though. I expect it will be challenged. Disney must surely have the Candy King in their Wreck It Ralph games.