May 8, 2015
Length of time to solve too long for Rubik
Length of time to solve too long for Rubik
Interesting issues raised in this article on the BBC website noting a brand owner is now suing the EU's highest court for delays in deciding a trade mark dispute.  The brand in question is Rubik and the dispute is over the registrability of the famous eponymous cube as a Community 3D trade mark. Way back at the dawn of the CTM system in 1996 the prior owners of the Rubik cube brand applied for and successfully registered the 3D trade mark inherently for “three dimensional puzzles”. In 2006 a German toy manufacturer applied to cancel. In November 2014 (!) the General Court in Simba Toys GmbH v Seven Towns Ltd (T-450/09) upheld the previous first and second instance decisions holding that the Rubik mark was validly registered. This finding felt very much against the flow of current decisions on 3D trade marks at OHIM which almost always result in a finding of non-distinctiveness or a shape objection. It was an encouraging decision for brand owners with a distinctive look and feel to their products. The finding must have also been good news for Rubik but it had been a long 8 years since the original challenge had been made and their challengers have appealed this decision up one more level to the European Court. As Rubik note this uncertainty over the validity of this right leaves them in limbo whilst potential infringers flourish. Delays (especially frustrating if due simply to lack of court resources) and uncertainty in disputes over registered rights are clearly detrimental to both brand owners and the market. It is perhaps even more detrimental when the right is a 3D trade mark being such a key tool against counterfeits  for older products with a distinctive look and feel.  
Tags
Trademarks /  Disputes /  Toys

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