Rubik’s Cube Owners Left Puzzled by EU Trade Mark Ruling
A major EU court decision has invalidated key trade mark protections for the iconic Rubik's Cube, raising important lessons for businesses that rely on shape-based branding.
In a recent blow to brand owners relying on shape marks, the General Court of the European Union (GCEU) ruled that several EU trade marks protecting the Rubik's Cube's distinctive appearance should be invalidated. The decision adds to a growing body of case law that highlights the limitations of using shape marks to protect products with functional features.
Background: A Long-Running Legal Puzzle
The Rubik's Cube, first launched in the 1970s, is a globally recognised puzzle toy with a distinctive 3D cube design made up of coloured squares. For years, its owners have sought to protect this iconic appearance through trade mark registrations across the EU, relying on both 2D and 3D shape marks.
The current dispute began in 2013, when Greek toy company Verdes Innovations SA, a competitor, filed a request with the EU Intellectual Property Office (EUIPO) to invalidate several of Rubik's Brand Ltd's EU trade marks. Verdes argued that the registered marks should never have been granted in the first place, as they represented technical features of the product rather than distinctive brand identifiers.
In 2016, the EUIPO agreed with Verdes, finding that the essential characteristics of the cube's shape were functional and therefore not eligible for trade mark protection. The marks, according to the EUIPO, were protecting features necessary to achieve the product's technical result, namely the cube's ability to rotate.
Spin Master's Challenge Falls Flat
In 2020, Canadian toy giant Spin Master acquired Rubik's Brand Ltd and inherited the legal battle. Hoping to reverse the EUIPO's decisions, Spin Master brought the case to the GCEU, arguing that the cube's shape had distinctive, non-functional features deserving of continued trade mark protection.
However, the GCEU upheld the earlier invalidation decisions. The Court concluded that the key visual elements of the Rubik's Cube, such as its grid-like structure and overall cubic shape, were essential to its function and could not be protected under EU trade mark law.
What This Means for Brand Owners
This case illustrates a crucial principle in EU trade mark law: you cannot use trade marks to monopolise product features that are necessary to achieve a technical result. In other words, if the shape of a product is essential to how it works, it is unlikely to qualify for trade mark protection.
For businesses and brand owners, especially those in design-led or product-focused industries, this decision is a timely reminder of the limits of shape marks. While trade marks can be powerful legal tools for protecting logos, packaging, and even non-traditional elements like colours or sounds, shapes must pass a high bar, particularly where there is a functional component.
Alternative Protection Available
Despite the trade mark loss, Spin Master is not left entirely unprotected. The Rubik's Cube may still benefit from copyright protection (as an artistic work) and design rights (which protect the appearance of the product). These rights may not last as long or be as broad as trade marks, but they offer meaningful protection against copycats.
This layered approach, using multiple IP rights together, is often the best strategy for businesses with unique products. Trade marks, copyright, and design rights each have their strengths, and relying on just one type of IP protection can leave gaps.
Key Takeaways for Businesses
If your business relies on distinctive product shapes or packaging, this case is a clear warning: registering a shape mark is not a guarantee of lasting legal protection, especially in the EU.
It is essential to review your IP portfolio regularly and consider whether a mix of rights, including trade marks, designs, and even patents, is needed to safeguard your business long-term.
If you are unsure whether your product's design qualifies for protection, or if you are considering filing a shape trade mark, now is the time to seek tailored legal advice.
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