This month Advocate General's opinion on the shape of a lego brick 

The Lego mark will be invalid under Article 7(1)(e)(ii) of the CTM Regulation (40/94/EEC recently replaced by 2009/207/EC. In relation to shape marks the previous case Philips [2002] ECR I‑5475 was the only precedent the court could rely upon and the AG sought to widen its scope. 

The full case can be read here Lego Juris A/S v OHIM and MEGA Brands, Inc., Case C-48/09 P, 26 January 2010.