Community Trademark Protection for LEGO brick denied
The Cancellation Division of the OHIM (European Community Trademark Office) has declared a Community Trademark showing a picture of a LEGO toy brick invalid for "construction toys".
The LEGO-related Danish company Kirkbi A/S had registered a picture of a standard LEGO brick as a Community Trademark. The mark was registered as a 3-dimensional mark for "games and playthings" among other goods. The colour "red" was claimed.
During the prosecution of the application the OHIM had objected that the mark was not eligible for protection as it was devoid of any distinctive character and consisted exclusively of a shape necessary to obtain a technical result. Subsequently, the mark was accepted on the basis of acquired distinctiveness.
Following an application for cancellation filed by the Canadian company Mega Bloks Inc., the registration of the LEGO brick has now been declared invalid for "construction toys". The mark remains registered for "games and playthings, except construction toys" and other goods.
(Decision of 30 July 2004, ref: 63 C 107029/1)
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Lisbet Andersen
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