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On July 10, 2006, the Board of Appeals ruled an invalidation claim against the lego brick Community trademark and decided it was not registrable for « construction toys» in Class 28.

The Board first considered that each element of the brick was necessary to obtain a technical result in light of several UK patents describing the functional elements of the brick and the necessity of studs for stackable interlocking toy bricks.

The decision secondly retained as pointless the owners alternative design arguments insofar as the brick consisted almost entirely of a functional and utilitarian shape.

National decisions rejecting the registration or canceling the brick trademark in various European countries further weighted in the balance. The lego brick however still covers games and playthings in Class 28 for the time being.

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