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ARTICLE · 06 AUGUST 2015

Shape Marks: Guidance On Distinctiveness And Functionality

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

Van Bael & Bellis

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On 16 June 2015, the EU General Court (the "Court") delivered a judgment on invalidity proceedings between Best-Lock (Europe) Ltd and Lego Juris A/S (Case T-396/14, Best-Lock (Europe) Ltd v OHIM – Lego Juris A/S).

European UnionIntellectual Property
Peter L'Ecluse
Peter L'Ecluse
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The acceptance of 3D signs as trade marks is well established, but the grounds for refusal, including whether the public considers 3D signs to be trade marks or whether they are "necessary" for a technical function of the product, continue to be disputed. Two recent cases offer further guidance.

Lego Manikin

On 16 June 2015, the EU General Court (the "Court") delivered a judgment on invalidity proceedings between Best-Lock (Europe) Ltd and Lego Juris A/S (Case T-396/14, Best-Lock (Europe) Ltd v OHIM – Lego Juris A/S). The case concerns the registration of Lego's manikin as a Community trade mark.

On 18 April 2000, Lego registered the 3D shape of its well-known manikin figure as a Community Trade Mark with the OHIM.

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