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Case C-48/09 P: Judgment of the Court (Grand Chamber) of 14 September 2010 — Lego Juris A/S v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Mega Brands Inc. (Appeal — Regulation (EC) No 40/94 — Community trade mark — Suitability of a shape of goods for registration as a trade mark — Registration of a three-dimensional sign consisting of the upper surface and two sides of a Lego brick — Declaration of invalidity of that registration on application by an undertaking marketing toy bricks having the same shape and dimensions — Article 7(1)(e)(ii) of that regulation — Sign which consists exclusively of the shape of goods which is necessary to obtain a technical result)
ECLI:EU:UNKNOWN:62009CA0048
62009CA0048
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6.11.2010
Official Journal of the European Union
C 301/3
(Case C-48/09 P) (<span class="super">1</span>)
(Appeal - Regulation (EC) No 40/94 - Community trade mark - Suitability of a shape of goods for registration as a trade mark - Registration of a three-dimensional sign consisting of the upper surface and two sides of a Lego brick - Declaration of invalidity of that registration on application by an undertaking marketing toy bricks having the same shape and dimensions - Article 7(1)(e)(ii) of that regulation - Sign which consists exclusively of the shape of goods which is necessary to obtain a technical result)
2010/C 301/03
Language of the case: English
Parties
Appellant: Lego Juris A/S (represented by: V. von Bomhard and T. Dolde, Rechtsanwälte)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent), Mega Brands Inc. (represented by: P. Cappuyns and C. De Meyer, advocaten).
Re:
Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008 in Case T-270/06 Lego Juris A/S v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), in which that Court dismissed an action brought by the proprietor of the Community three-dimensional trade mark in the shape of a Lego brick for goods in Classes 9 and 28 against Decision R 856/2004-G of the Grand Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 July 2006 which had dismissed the appeal brought against the Cancellation Division’s decision declaring that mark partially invalid in the context of the application for a declaration of invalidity brought by Mega Brands — Interpretation of Article 7(1)(e)(ii) of Regulation (EC) No 40/94
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Lego Juris A/S to pay the costs.
(<span class="super">1</span>) OJ C 82, 4.4.2009.