The magic cube "Rubik's Cube" can not be registered in the EU as a trademark. The European Union court in Luxembourg upheld the decision of the European Trade Mark Office Euipo, which annulled the EU trade mark.
The judges justified this with the fact that the rotation ability of the individual cube parts is an essential feature of the magic cube. Such a technical solution can not be protected as a trademark.
The trademark registered in 1999 and contested by the German company Simba Toys was therefore rightly deleted in 2017. The British company Rubik's Brand Limited was defeated.
The magic cube was invented in 1974 by the Hungarian engineer Erno Rubik. The "Rubik's Cube" was 1980 in Germany "Game of the Year". By 1983 he was sold 200 million copies. The toy came to prominence through the revelations of US whistleblower Edward Snowden. He used a magic cube to smuggle material from US surveillance facilities.
Years of litigation
The decision of the EU court was preceded by a year long dispute over trademark protection. The German toy manufacturer Simba Toys applied for the cancellation of the trademark in 2006. The rotation of the cube parts can not be protected as a trademark, but only by a patent, explained Simba Toys.
Although the EU court initially dismissed the claim of the toy manufacturer in 2014, this judgment was upheld by the European Court of Justice in 2016. As a result, the European Trademark Office Euipo deleted the mark.
Appeal possible again
In contrast, Rubik's company once again complained to the EU court. However, the Luxembourg judges have now dismissed the action and upheld Euipo's decision to annul the EU trade mark.
Once again, appeals may be appealed to the European Court of Justice, but they must first be admitted.
(Az. T-601/17)
