LEGO has protected its trademark and products in various ways: through design registrations and various trademark registrations. For example, the word LEGO is protected and also the logo. But the LEGO man is also protected as a three-dimensional brand (shape mark). There were some discussions on the validity of this shape mark, which resulted in a decision of the Court of Justice confirming the validity of this trademark.
The fact that such a trademark registration is very useful is proven by the application of a Chinese company for a similar man. On the left the LEGO man and on the right the man of the Chinese company. It is very likely that LEGO has issues with this and will try to exclude this application from the trademark register on the basis of its trademark rights. It is interesting to see how large the scope of protection is of the shape mark of LEGO. And whether the small differences between the men might be enough for a different overall impression. First, however, the application of the Chinese company will have to be accepted by the EUIPO: despite the LEGO decision often a difficult test. To be continued!
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“Trademark protection gives freedom to do business.”