General Court revisits validity of Rubik’s Cube trade mark (Rubik’s Brand v EUIPO)

Article summary

IP analysis: The EU General Court has dismissed an appeal against a decision of the First Board of Appeal of the EUIPO in the latest blow to the attempts by the proprietor of the Rubik’s Cube to maintain trade mark protection for a three-dimensional sign representing aspects of its well-known puzzle. The challenge to the mark by Simba Toys GmbH & Co, KG, pursuant to Article 7(1)(e)(ii) of Regulation (EC) 40/94, was referred back to the Board of Appeal following a decision of the Court of Justice in 2016, which made it clear that the essential characteristics of the cubic shape in issue must be assessed in the light of the technical function of the actual goods represented and that the General Court ought to have defined the technical function of the product concerned and have taken this into account in its examination. The Board of Appeal annulled the original decision of the Cancellation Division and declared the contested...