Scrambled: Rubik’s Cube loses EU trade mark

On Thursday the European General Courts upheld their 2017 decision to remove the trade mark of arguably one of the world’s most popular puzzles – the Rubik’s Cube

First registered as a trade mark with the European Intellectual Property Office (EUIPO) in 1999, the iconic puzzle has sold over 400 million cubes since it was first created in 1974.

In 2006 the EUIPO received an application for the declaration of invalidity by German competitor, Simba Toys. Initially refused by Cancellation Division, the toy makers persisted with their argument and in 2017 , saw the Courts strip the famous Cubes’ IP protection due to its ‘generic shape’. The company in charge of the puzzle unsurprisingly appealed the decision which two years later, saw the Courts upholding the invalidation ruling stating:

“Given that the essential characteristics of that shape are necessary to obtain the technical result consisting of the rotating capability of that product, that shape could not be registered as an EU trademark."

Although the Rubik's Cube reached its height of popularity in the 80s’, it is proving to continue it’s trend with over $250 million worth of sales made in 2017 alone.  

UK company Seven Towns who manages the Rubik’s Brand Ltd are able to appeal against the Courts decision one last time – we expect they will!

If you have any questions in relation to this article, contact the Trademark room today.