The UANIPIO’s Board of Appeals has recognized a three-dimensional trademark in the form of a minifigure as well-known in Ukraine. This was the decision based on the results of considering the LEGO Juris A/S (DK) request.

 

This three-dimensional minifigure is a piece of LEGO bricks created in 1978 and recognized by many generations. It is a miniature reproduction of a human being with a characteristic design of form and execution.

 

 

The LEGO minifigure is offered for sale separately as part of the thematic Minifigures collection line and is part of LEGO construction sets of various thematic series.

 

 

Variants of thematic series of Lego minifigures. In 2022, one of them was dedicated to Ukrainian women soldiers and paramedics. Photo: lego.com

 

The LEGO minifigure was born in 1978, and a year later the company received a US patent (US Des.253,711) for the minifigure design, which has remained unchanged to this day.

 

As of 2006, more than 4 billion LEGO minifigures had been produced, and in 2023 their number reached 7.8 billion.

 

The minifigure’s popularity has also grown significantly due to its use in the graphical interface and icon of mobile applications: LEGO Life (more than 10 million users) and LEGO Digital Designer (installed more than 70 million times).

 

Why is the LEGO minifigure TM recognized as a well-known trademark in Ukraine?

 

As stated in the decision of the UANIPIO Appeals Chamber, this three-dimensional TM is widely known among Ukrainian consumers and has been recognized in the relevant sector of society, in particular, thanks to projects implemented in Ukraine. Among them:

 

•  In 2010 and later in 2021, the Ministry of Education and Science of Ukraine and representatives of the LEGO Company in Ukraine signed a Memorandum of Understanding on the introduction of new teaching methods based on the Lego Education program, which involves the use of educational toy sets of LEGO constructors in educational projects;

 

•  In February 2012, the UkrBricks community was founded in Kyiv, which is part of the official LEGO Ambassador Network, to build and develop online and offline connections between fans from different cities of Ukraine.

 

In 2021, LEGO started producing and selling a set of construction sets based on the movie Home Alone. The idea for this set was developed by Ukrainian Oleksiy Storozhuk. At the time of its release, this set was the largest among all the company’s construction sets (3955 elements) and included five stylized minifigures of the main characters: Kevin, two bandits, Kevin’s mother Kate, and Marley’s scary neighbor with a shovel.

 

How do we determine whether a TM is well-known in Ukraine?

 

As of today, 181 trademarks have been recognized as well-known in Ukraine by the Chamber of Appeals. Information on trademarks recognized as well-known in Ukraine is available in the UANIPIO’s Special Information System.

 

The following factors may be considered for such determination, among others:

 

•  the degree of fame or recognition of the trademark in the relevant sector of society;

 

• duration, scope and geographical area of any use of the trademark;

 

• the duration, scope and geographical area of any trademark promotion, including advertising or publicity and presentation at fairs or exhibitions of goods and/or services to which the trademark applies;

 

• the duration and geographical area of any trademark registrations and/or applications for trademark registration, provided that the trademark is in use or recognized;

 

• proof of successful enforcement of trademark rights, including the territory where the trademark is recognized as well-known by the competent authorities;

 

• the value associated with the trademark.

 

For information:

 

LEGO Juris A/S is part of the LEGO Group, a world-renowned manufacturer of children’s toys and construction sets. LEGO was founded in 1932 by Kirk Christiansen, a carpenter from the small town of Billund, Denmark.

 

In the 1950s, the Danish Patent and Trademark Office registered the first LEGO trademark. Subsequently, the company received a patent that protected the unique principle of connecting “bricks” that are the basis of LEGO construction sets to this day.

 

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