The LEGO twins (2)

17 April 2019

We mentioned earlier an application in the EU of a LEGO look-alike man. And as expected, LEGO has problems with this trademark and has now filed an opposition.

The trademark application against which an opposition has been filed has already been stripped. The mark was refused for a large number of products and after a review this refusal was maintained. The argument that the shape of the trademark was needed to obtain a technical result was waived after a review of the Applicant. However, the argument that the trademark is not sufficiently distinctive, is maintained. The EUIPO states: “It is on the basis of that acquired experience that the Office argues that the shape of a figurine of construction toys consists of a combination of presentational features which come naturally to mind and which are typical of the goods in question. There is no any particularly eye-catching effect in these specific features and, generally, in the shape applied for, which would allow it to perform the functions of a trademark. The dimensions of the contested shape are not out of the ordinary and do not demonstrate a significant deviation from the norm.” After the refusal only the products “jigsaw puzzles, parlour games and dolls’ houses” were left.

LEGO probably has a zero tolerance policy as it does not event want to tolerate a registration for these products. The question is whether the Chinese company wants to defend its application. If this is the case, then it will certainly be an interesting decision whereas two 3D marks will be compared with each other. To be continued!

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