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CJEU rules against Rubik's Cube shape trade mark

James Nurton, London


The Court of Justice of the EU has overturned a decision to register a 3D mark for the Rubik's Cube, in a decision that looks likely to make it harder to register shape marks in Europe

In the judgment, published today, the five-judge panel said the General Court was wrong in its evaluation of functionality.

Article 7(1)(e) of the (old) CTM Regulation provides that signs which consist exclusively of the shape of the goods themselves, a...


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