European Justice confirms the protection of the Lego block as a trademark in the EU

05/29/2014 LEGO has chosen the city of Oviedo for its second exclusive play space in Spain; It will be installed in the Modoo Shopping Center (Calatrava Shopping Center) and will open its doors this Friday, May 30 at 6:00 p.m. POLITICS SPAIN EUROPE ASTURIAS LEGO SOCIETY

The General Court of the European Union has confirmed this Wednesday the legality of the protection as a European trademark that the building block of the Danish brand ‘Lego’ has enjoyed since 2010, a protection that another German brand has appealed to European Justice to claim. its suspension. The case dates back to 2019, when the European Intellectual Property Office (EUIPO) annulled the protection of the ‘Lego’ block at the request of the German ‘Delta Sport Handelskontor’, considering that the characteristic appearance of the piece was due exclusively for its technical function, that is, to allow its assembly and disassembly with other blocks. In 2021, however, a first ruling by the General Court of the EU invalidated that EUIPO decision and forced the European trademark body to re-examine the case, which led it to support the protection of ‘Lego’ based on a specific exception provided by European legislation to protect modular systems. This second position was appealed this time in 2022 before the Court based in Luxembourg by the German brand that resolves the ruling handed down this Wednesday and confirms the decision of the EUIPO to protect ‘Lego’ pieces in the European Union. The ruling establishes that the appellant has not been able to demonstrate that the drawing or model of the Lego game block does not meet the requirements required to benefit from the exception that protects modular systems, that is, novelty and uniqueness, therefore The Court rejects his appeal.

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