Press Release: Judgment in Case C-30/15 P. Simba Toys GmbH & Co. KG v EUIPO

The Court sets aside the judgment of the General Court and annuls the EUIPO decision which confirmed registration of the shape of the Rubik’s Cube as an EU
trade mark.

In examining whether registration ought to be refused on the ground that 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.