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Lexology Newsletter: The Lego “manikin” is a trademark... with a "dual spirit"

Among the more interesting decisions of the EU General Court from the last year is the decision in case T-297/22 issued on 6 December 2023, addressing the registrability of the three-dimensional shape of a human-like figure, known as the Lego “manikin” or “minifigure”.

The EU General Court has highlighted what could be defined as the "dual spirit" of the Lego minifigure: a "toy figure" with human traits and an "interlocking building figure", both attributable to the idea of a “interlocking toy figure”.

Within the framework of a line of case-law that tends to be rather restrictive in allowing the registration of three-dimensional trademarks, this decision is instead one that has confirmed the registrability of 3D signs, supporting similar decisions by the Italian national Courts.

You can read HERE the article written by our partner Barbara La Tella which was published today on the Lexology daily newsletter.


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