The EU trade mark consisting of the shape of the Rubik’s cube is invalid. Since the essential characteristics of this shape are necessary to achieve the technical effect (the rotatability of the Rubik’s cube), this shape should not have been registered as an EU trade mark. The General Court shares the view of the European Union Intellectual Property Office (EUIPO) that the cube shape is inseparable from, on the one hand, the grid structure and, on the other hand, the function of the specific product, which is that the rows of small cubes can be rotated horizontally and vertically (General Court, judgment of October 24, 2019, Ref. T-601/17).
Trademark application in bad faith as leverage in competition
Trademark applications in bad faith: How abusive registrations lead to a blocking position and circumvent competition law – an EGC case.