We managed to get the wordmark EASYTOYS accepted in the Benelux.
After receiving a refusal from the Benelux Office of Intellectual Property (BOIP) of the wordmark EASYTOYS, because of the alleged descriptiveness for sextoys, we will obtain a registration of the wordmark EASYTOYS after all.
This provides the broadest possible protection of the word EASYTOYS and enables EQOM to enforce and protect their trademark rights even better than before.
Thank you Eric Idema and your wonderful team at EQOM to entrust this important case to us, and for all the effort to collect and supply sufficient evidence to prove that EASYTOYS is perceived as a trademark by the public in the Benelux.
It might sound easy, to prove acquired distinctiveness, but it’s absolutely not.
To prove that a name, that is considered descriptive by the trademark authorities, is actually a trademark, is not possible for most companies. Just in case of a name that has been used intensively over a longer period and had a lot of exposure in the Benelux, acquired distinctiveness can be proven.
In this case, EASYTOYS had the exposure that was needed, not only because of its commercial success, but most of all because of the exposure. Sponsorship of the soccer team FC Emmen, other major events in the Benelux, radio commercials, cooperations with HEMA and Jumbo,TikTok, Instagram, humour and a lot of moral discussions, lead to recognition by a major part of the relevant public knows about EASYTOYS.
EASYTOYS has played a key role in the normalization of sexuality and talks about it, and we are proud to be part of their interesting journey, which is far from over.
We all worked together to shift through the piles of evidence so we could present a feasible case at the BOIP, which lead to acceptance of the wordmark EASYTOYS for most of the products.
We are ready to concur the rest of the world 😊
