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ARTICLE · 13 NOVEMBER 2009

IP Snapshot - November 2009

CMS Cameron McKenna Nabarro Olswang
Explore more from CMS Cameron McKenna Nabarro Olswang

Bringing you monthly news of key developments in intellectual property law.

United KingdomIntellectual Property
Nick Beckett
Nick Beckett
Isabel Davies
Isabel Davies
Tom Scourfield
Tom Scourfield

Bringing you monthly news of key developments in intellectual property law.

TRADE MARKS

Simba Toys GmbH & Co. KG v Seven Towns Limited (OHIM Board of Appeal) 1 September 2009

OHIM's Board of Appeal rejected an application for invalidity against a CTM registration for the three-dimensional shape of a "Rubik's Cube" registered in class 28 for three-dimensional puzzles. OHIM considered that the mark was not was devoid of distinctive character, nor did it consist exclusively of the shape of the goods necessary to obtain a technical result. The key aspect of the Rubik's cube (the rotational grid arrangement) could not be derived from the depiction in the CTM application, so the mark was valid and registrable.

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