Confirming the OHIM decision of rejecting the Best Lock invalidity request, the General Court has accepted with the judgments T-395/14 and T-396/14 of the 16th of June 2015 the Lego’s application to register the figures’ shape as a 3D trademark.
It first starts in 2000 when The Lego Group filed an application to register the following community 3D trademarks:
However Lego’s competitor, Best Lock, filed a request of invalidity against it on the following grounds:
1) The product’s shape depends on the nature of the product itself, namely the function of assembling with other bricks
2) The figures correspond to technical solutions, namely that they interlock with other bricks.
After the OHIM rejected Best Lock’s request, they decided to appeal to the General Court but their appeal was also rejected and the LEGO® figures registration was confirmed.
According to the General Court the product’s shape doesn’t depends on the nature of the product itself nor is necessary in order to interlock the bricks