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June 17, 2015Michael Beverley

Big Decision in Lego Shape Trademark Challenge

Lego-Man-Australian-Trademark-Part-Details
The shape of Danish company Lego’s famed toys is a protected shape trademark, according to the General Court of the European Union.  Rival company Best Lock, of Britain, had sought to copy the design and have the trademark invalidated based on the technical function of the toys. However, the court found that the “key elements” of the shape of the figurines were unique enough to uphold the “three-dimensional trademark” challenge. The ruling even came complete with smiling drawings of a Lego man.

If you are considering protecting a shape trademark there are two points to remember. Firstly, the shape trademark cannot be related to, or directly describe the product or service. Secondly, the drawings that go with the application must be 3D line drawings in black and white for maximum protection. For more information contact IP Wealth.