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ARTICLE · 17 DECEMBER 2014

Rubik’s Cube Shape Protected As Community Trade Mark

Van Bael & Bellis
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On 25 November 2014, the General Court of the European Union held that the registration of the shape of the Rubik’s cube as a Community Trade Mark is valid.

European UnionIntellectual Property
Peter L'Ecluse
Peter L'Ecluse
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On 25 November 2014, the General Court of the European Union held that the registration of the shape of the Rubik's cube as a Community Trade Mark is valid.

Seven Towns Ltd registered the shape of the Rubik's cube as a three-dimensional Community Trade Mark in 1999. In 2006 Simba Toys, a German toy manufacturer, applied to the Office for Harmonisation in the Internal Market ("OHIM") for invalidation of the Community Trade Mark.

Simba Toys claimed that the Rubik's cube involves a technical solution consisting of its rotating capability which, pursuant to Article 7(1)(e)(ii) of Council Regulation (EC) No. 207/2009 of February 26 2009 on the Community Trade Mark, cannot be registered as a Community Trade Mark. Simba Toys maintained that such a solution falls within the scope of a patent. However, OHIM rejected the application for a declaration of invalidity on 14 October 2008. The Second Board of Appeal of OHIM's confirmed this decision on 1 September 2009. Simba Toys

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