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Jun
27
2018
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Fidget spinner spins around

Fidget spinner spins aroundEspecially 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.