Lego Figure Trade Mark Still Valid After Attack On Grounds Of Shape And Technical Solution Provision

It is fair to say that 3D trade mark registrations are still relatively rare in comparison to their more conventional 2D counterparts, and as such, the decision by the General Court of the European Union in the attack by Best-Lock (Europe) Ltd against the validity of the registration of the three dimensional shape of a Lego figure has been eagerly awaited. However the decision is somewhat lacking in substance; indeed it is more a lesson in the importance of selecting the correct grounds of attack – and being in the position to prove those grounds – than a lesson in the validity of the Lego registration.

Best-Lock sought to invalidate the registration of CTM 000050518 (pictured above) under Article 7(1)(e)(i) of Community Trade Mark Regulation No. 207/2009 – that the registration consists of a sign which results from the nature of the goods themselves – and Article 7(1)(e)(ii) of the Regulation – that the registration consists exclusively of the shape of goods