ECJ Rules Lego Brick is Not Registrable as a Community Trade Mark
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The ECJ has ruled that Lego’s 2 x 4 red brick logo is not registrable as a Community Trade Mark due to the fact that all the essential characteristics of the Lego brick perform a technical function.
OHIM, the European Trade Mark Office, originally cancelled the registration of Lego’s famous red brick back in 1999 after Lego competitor Mega Brands requested its cancellation. Mega Brands argued that European trade mark law precluded the registration of "any shape which performs a function from trade mark protection". Lego appealed the decision to the Court of First Instance and then further to the European Court of Justice.
It appears that the ECJ was influenced in its ruling by the public interest consideration in ensuring that companies cannot use trade mark law to secure a monopoly over technical solutions. The ECJ decision indicates that obtaining a Community Trade Mark for product shapes could potentially be problematic for businesses.
