Especially in the world of toys, trends and hypes come and go very fast. Suddenly everyone wants to make loom bands, or Pokemon is a huge hit. As a manufacturer or store you have to deal with this.
One of the recent hypes was the fidget spinners, kind of hand spinners. There was a huge demand for these fidget spinners which, of course, surpassed the stock.
So, you are a smart company and you have seen that this product is a big hit. What do you want to do? To monopolize the fidget so that everyone has to come to you for approval. A Chinese company filed the logo left in the EU. But of course it doesn’t work like that in trademark law. Fidget spinner is the name of the product, a generic name. And therefore not suitable for distinguishing products of one company.
Often adding a graphic element is the way to still register a descriptive word. But as long as the graphical element is also descriptive, the whole trademark is rejected. And that is exactly what happened here.
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“Trademark protection gives freedom to do business.”