Bad news for Lego from the CFI that recently rejects Lego's appeal against OHIM's Board of Appeal's decision that the Lego brick shape is not registrable as a CTM.
The application for the CTM was filed in April 1, 1996 by Kirkbi A/S, the predecessor of Lego Juris A/S.
The trade mark was registered on October 19, 1999, but Ritvik Holdings Inc. started invalidity proceedings at OHIM.
With a decision of July 10, 2006 the Large Board of Appeal dismissed Lego's appeal because the sign could not be registered for board games.
OHIM argued that the CTMR is aimed at prohibiting the registration of shapes which essential features have only a technical function.
On November 12 2008 the CFI held in Lego Juris A/S v OHIM that Lego’s registration for goods in Class 28 (games and playthings) of the Nice Classification should be cancelled on the grounds that the shape of the brick was necessary to achieve a technical result; and a mark that was not permitted on the above basis could not be saved by acquired distinctiveness.
Lego has announced its intention to take the matter to the European Court of Justice.
Nessun commento:
Posta un commento