EU Court Rules Rubik's Cube Shape Cannot Be Trademarked Due to Functional Design

The European Court of Justice (ECJ) has delivered a significant ruling that the distinctive three-dimensional shape of the Rubik's Cube cannot be registered as a trademark. This decision clarifies that the cube's ability to rotate—a core functional element—is a technical feature that should be protected under patent law rather than trademark law.

The Rubik's Cube, a multicoloured puzzle invented in 1974 by Hungarian architecture professor Erno Rubik, has achieved enduring global popularity, with over 400 million units sold worldwide. The UK-based company Seven Towns, which manages the intellectual property rights of the Rubik's Cube, registered the cube's shape as a three-dimensional trademark with the European Union Intellectual Property Office (EUIPO) in 1999.

The dispute arose when Simba Toys challenged this trademark registration, arguing that the shape's functional aspects should preclude trademark protection. After initial dismissals by the EUIPO and the European Union General Court, Simba Toys escalated the matter to the ECJ in Luxembourg.

In its ruling, the ECJ emphasized that the EUIPO and the General Court had erred by not considering the non-visible functional elements of the cube's shape, specifically its rotating capability. The court stated, "In examining whether registration ought to be refused on the ground that shape involved a technical solution, EUIPO and the General Court should also have taken into account non-visible functional elements represented by that shape, such as its rotating capability."

This ruling aligns with a precedent set in 2010 when the ECJ ruled similarly regarding the shape of Lego bricks, underscoring the distinction between functional features and trademark protection.

Alex Brodie, a partner at Gowling WLG, commented on the decision, noting it was "no surprise" given the court's prior stance. She explained, "The Rubik brand still stands but it doesn't have a monopoly on the shape of the cube puzzle under trade mark law. Others are now free to create such a puzzle—provided Rubik doesn't have other IP rights—but they cannot call it Rubik and they cannot copy the get up of Rubik. This decision is solely about the shape of the product."

Brodie further observed that the ruling could influence the toy and games industry broadly, prompting companies to reassess their three-dimensional trademark registrations. She added, "We wait to see whether the consumer market is waiting for an alternative cube puzzle and how this judgment will in fact affect the puzzle market."

The ECJ's decision marks a pivotal moment in intellectual property law, delineating the boundaries between patent and trademark protections for products whose design incorporates functional elements. While Seven Towns retains rights to the Rubik brand name and other intellectual property, the shape of the cube itself is no longer exclusively protected under trademark law within the European Union.