General Court confirms the validity of a Lego figure as 3D trade mark: Dr. Florian Schwab analyzes the court’s decision in WTR

In his legal update in the online magazine World Trademark Review (WTR) of January 8, 2024, BOEHMERT & BOEHMERT attorney and partner Dr. Florian Schwab discusses the decision of the General Court in case T-297/22, in which the court upholds the decision of the EUIPO- Board of Appeal upholding the validity of the contested 3D trade mark of a Lego-toy figure.

In its decision of December 6, 2023, the General Court dismisses the application for a declaration of invalidity by the German company BB Services GmbH and confirms the registrability of the 3D-EU-trademark registration consisting of the shape of a Lego-toy figure.

BB Services GmbH had seeked invalidation of the 3D-mark on the basis of that mark allegedly only consisting of shapes resulting from the nature of the goods or necessary to obtain a technical result (Articles 7 (1) (e) EUTMR). In this complex and highly technical matter – as in previous attacks against the registrability of the Lego brick as such – the General Court confirmed its liberal tendency of registrability of 3D-marks and of interpreting the technical functionality exemption restrictively.

The article by Dr. Florian Schwab is available in full length to registered users of WTR Daily here.