The court of final appeal on EU trade mark matters has today
ruled that a “3D trade mark” registration to protect the shape of the famous Rubik’s Cube toy (lodged at the dawn of the EUTM system in 1996) is in fact inherently not valid. This has been a long process and the continual upholding of the validity of this registration had felt against the flow of recent decisions on such 3D trade mark at the EUIPO. This will be disappointing for brand owners with a distinctive look and feel to their products, especially older products where a 3D trade mark could be such a useful tool against counterfeits. See our report on the earlier stages of the case from 2015
here.
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