Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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Lego: another brick in the wall
The application for the CTM dates back to April 1, 1996 and was filed 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. Background: to guarantee that such shapes can be used by everyone undisturbed.
Tags: CFI, Community trade mark cancellation,
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