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Lego doll valid shape mark

Lego doll valid shape mark

In 1974, Lego made waves in the toy industry with its introduction of construction dolls, setting a new standard for innovation. Recognizing the uniqueness of their design, Lego promptly registered the shape of these dolls as a trademark within the European Union. However, such shape marks are subject to stringent requirements, making them susceptible to challenges from competitors eager to exploit any lapses in trademark protection for their own gain.

 

In 2015, Best-Lock attempted to undermine Lego’s rights by arguing that the dolls’ design was purely functional, intended solely for construction purposes. However, the European Court swiftly dismissed this notion, emphasizing that the dolls’ design also incorporated distinct human features, enhancing their playability and appeal beyond mere construction.

Fast forward to 2020, and BB Services made a similar attempt to contest Lego’s trademark. BB Services asserted that the shape of the dolls was dictated solely by their functional necessity for construction purposes.

Yet again, the European General Court ruled decisively in Lego’s favour. They emphasized that the dolls served not only as construction tools but also as playthings, with their design deliberately incorporating human-like attributes. As such, the dolls’ distinctive design fulfilled both functional and aesthetic purposes, safeguarding the integrity of Lego’s trademarked shape for generations of toy enthusiasts to come.

 

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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