Not distinctive
The European Trademark Office EUIPO has refused to register the trademark “EasyToys” because the name is not considered distinctive. According to EUIPO, the name EasyToys simply describes the company’s products and services: (selling) easy-to-use (sex) toys. Such descriptive names cannot be monopolized as trademarks. Consequently, EUIPO has denied the registration for various sex toys and the associated webshop.
A small consolation
Nevertheless, EUIPO has allowed the trademark for a limited range of products that cannot be directly categorized as “easy sex toys,” such as stimulating gels or a webshop selling items not classified as “(sex) toys,” like books, candy, or clothing. While this is a nice gesture, it is little more than a small consolation. After all, it does not provide EasyToys with European protection for the company’s key products and services.
easyGroup
I wonder if this remaining sliver of EasyToys’ trademark registration will soon be challenged by easyGroup, the company behind easyJet and a slew of other “easy” brands. In principle, easyGroup challenges any new brand that incorporates the “easy” element. While they are not particularly successful in these efforts, easyGroup shows no signs of letting up.
Bas Kist
