Rubik’s Cube shape is not a trademark, EU rules

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy The makers of the notorious Rubik’s Cube, the multicoloured puzzle that's kept small and big hands busy since the 1970s, have lost a key trademark battle after the European court of Justice said the toy’s shape alone was not sufficient to grant it protection against copycats. Patents allow inventors to block rivals from making commercial use of their inventions without their approval for a certain period of time while trademarks give intellectual property owners' an exclusive and perpetual right to their designs, logos, phrases or words as long as they use them This means the game’s various licensed manufacturers could now face competition from mass-produced, cheaper imitations. Kremer said: "While the Rubik Brand is fortunate in having other trademarks, copyright, passing off and unfair competition protection to rely on which will continue to ensure its exclusivity, this judgment sets a damaging precedent for companies wishing to innovate and create strong brands and distinctive marks within the EU, and is not what European lawmakers intended when they legislated for 3D trademarks." “We are baffled that the court finds functionality or a technical solution implicit in the trademark.” Alex Brodie, a partner with international lawyers Gowling WLG, said: "Simba Toys have been successful, after 10 years of legal wrangling, in getting rid of Rubik’s 3D cube trademark.