5 Famous Trademark Fails That Could Have Been Avoided

Trademarks are supposed to protect a brand, but sometimes they do the exact opposite! From legal battles to branding nightmares, here are five famous trademark fails that could have been easily avoided with better planning.

1. Burger King vs. Burger King 🍔

Did you know there’s a tiny, family-owned Burger King in Illinois that existed before the fast-food giant? When the global Burger King tried to expand into the area, they lost a lawsuit and can’t legally operate within a 20-mile radius of the small-town Burger King.

Lesson: Always check for existing trademarks before expanding!

2. The “Candy Crush” Overreach 🍬

In 2014, the makers of Candy Crush tried to trademark the word “Candy” for games, clothing, and even educational services. The backlash from game developers and the public was huge, forcing the company to backtrack.

Lesson: Overly broad trademarks can lead to public relations disasters and legal challenges.

3. McDonald’s vs. Supermac’s 🍟

McDonald’s is known for aggressively protecting its trademarks, but in 2019, they lost the rights to “Big Mac” in the European Union. Why? Because an Irish fast-food chain, Supermac’s, challenged them and proved McDonald’s wasn’t actively using the trademark across the EU.

Lesson: If you trademark a name, use it or lose it!

4. Taylor Swift’s “Swifties” Misstep 🎤

Taylor Swift tried to trademark the word “Swifties”, but the application faced major challenges. The issue? The term was already widely used by fans and businesses before she tried to claim it.

Lesson: If a term is too generic or widely used, it’s hard to trademark!

5. Apple vs. The Whole Fruit Industry 🍏

Apple has aggressively trademarked common words, including “Apple” itself. But when they tried to block actual fruit companies from using apple logos, they faced international backlash. The Swiss Fruit Union even fought back to protect farmers.

Lesson: Just because you’re a big brand doesn’t mean you can trademark everyday words.

Key Takeaways for Businesses:

✅ Do your research before filing a trademark. ✅ Don’t try to own common words that people already use. ✅ Use your trademarks actively to maintain rights. ✅ Think about public perception before making legal moves.

Trademark mistakes can be costly and embarrassing—but with the right strategy, they’re completely avoidable. Want to protect your brand the right way? Let’s talk! 🚀💼