The registration as a Community trade of the Rubik cube’s shape is valid. The graphical representation of the cube doesn’t contain a technical solution to prevent its protection as a trademark.
At the request of Seven Towns, a British company which manages especially intellectual property rights related to “Rubik Cube”, the Union Trademark Office (OHIM) registered in 1999 as a Community trademark the three-dimensional shape of this cube for the “three-dimensional puzzles”.
In 2006, Simba Toys, a German toy manufacturer requested the cancellation at OHIM for the three-dimensional trademark because it contains a technical solution consisting in its ability to rotate, and such a solution can only be protected under a patent and not as a trademark.
Since OHIM dismissed the petition, Simba Toys notified the Court with an action for annulment of the OHIM’s decision, but the Court dismissed the action brought by Simba Toys.