Lego mark upheld
Written by Ellis Sweetenham on 23 June 2015« Return to Reading Room
Kids, big and small, across the world will be glad to hear that Lego have had their Community trade mark in their famous figures upheld. The trade protection of the well-known little yellow man was in the firing line as it was unsure whether the 3D shape was needed for a technical result.
Following a decision from the General Court of the European Union, the figure which is widely recognised as part of the Lego brand has secured its trade mark protection across Europe. The case was brought before the court as a competitor submitted a declaration of invalidity in regards to the three dimensional yellow figurine with the unique feature of an interlocking head citing that the shape was needed for a technical result and it indicated the nature of the goods themselves. The court, however, found no evidence that supported these claims therefore dismissing the declaration of invalidity.
It’s now clear that Lego’s renowned yellow mascot is here to stay with its protection firmly secured in the law. In addition, children can have enjoyment for years to come with a well-established product that has clear distinctiveness.
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