Another brick in the wall – no trade mark protection by Dr. Andreas Glarner (MME Partners)

Another brick in the wall – no trade mark protection, by Dr. Andreas Glarner, LL.M., MME Partners

In its decision of 3 July 2012, the Federal Supreme Court held that the shape of Lego bricks does not enjoy trade mark protection in Switzerland.

The Court argued that the brick shape was technically necessary and therefore excluded from trade mark protection under article 2(b) of the Swiss Trade Mark Act (TMA)1. It further held that the question of whether or not the Lego brick shape has acquired distinctiveness was irrelevant.

Please read full article here: Another brick in the wall – no trade mark protection

 

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