European Court Rules: Dice Un eligible for Trademark Protection - EU court decides against granting trademark rights for enchanted dice
In a significant turn of events, the trademark protection for the iconic Rubik's Cube has been revoked in the European Union (EU) and Luxembourg. This decision was made following a ruling by the European Court of Justice (ECJ) in 2019, which determined that the shape of the Rubik's Cube lacks the distinctive character required for trademark protection.
The Rubik's Cube, invented by Hungarian engineer Erno Rubik in 1974, was initially granted trademark protection by both the EU Intellectual Property Office (EUIPO) and Luxembourg’s national intellectual property authorities. However, the ECJ ruled that the shape of the Rubik's Cube, being functional and essential to the puzzle’s operation, could not be monopolized by trademark law.
The court's decision was based on the fact that the shape of the Rubik's Cube, as a functional product design, provides a technical result or is essential to the use of the product. Therefore, it could not be registered as a trademark under EU law and Luxembourg’s implementation of it.
This ruling aimed to prevent the monopolization of functional product designs through trademark law, which would restrict competition and free market participation by other cube puzzle manufacturers. The cancellation of trademark protection for the Rubik's Cube in 2019 was a result of this determination.
In 2013, a Greek company applied to have the trademark for Rubik's Cube removed, a request that was granted by the EU Trademark Office EUIPO. The British company that originally held the trademark for Rubik's Cube as a three-dimensional puzzle, registered in black and white in 1999, appealed the decision. However, the case was initially suspended, and an appeal to the ECJ as the higher instance also failed.
It is worth noting that the cancellation of the marks registered for Rubik's Cube between 2008 and 2012 has been confirmed by the court. Appeals for these cancellations can be lodged with the ECJ, but they must first be admitted.
This decision marks a significant shift in intellectual property rights for functional product designs, setting a precedent for future cases involving similar products. The Rubik's Cube, once a symbol of trademark protection, is now a testament to the importance of functional designs in the free market.
For those seeking more detailed case references or official Luxembourg IP office statements, these can typically be found on legal databases or EUIPO publications.
The cancellation of the Rubik's Cube trademark in 2019, following the European Court of Justice's ruling, is expected to stimulate competition within the industry, as other manufacturers can now produce cube puzzles with the same design. This competition policy decision aims to maintain a free market by preventing the monopolization of functional product designs, thereby fostering innovation and finance within the industry.
