Journal Article

Trade marks are not toys: no Community shape mark for Lego

Kristof Neefs

in Journal of Intellectual Property Law & Practice

Volume 4, issue 4, pages 235-237
Published in print April 2009 | ISSN: 1747-1532
Published online April 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp011
Trade marks are not toys: no Community shape mark for Lego

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The Court of First Instance of the European Communities (CFI) dismisses Lego's appeal to the OHIM Grand Board of Appeal's cancellation of its trade mark registration of a three-dimensional sign consisting of Lego's basic toy brick. The CFI maintains that the trade mark should be cancelled because the shape for which protection was sought is necessary to obtain a technical result. Furthermore, the court does not accept that acquired distinctiveness can overcome this ground for refusal.

Journal Article.  925 words. 

Subjects: Arbitration ; Intellectual Property Law

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