Editor's note: The European Court of Justice ruling said, The appearance of goods required to obtain the technical effect shall not be registered as a trademark. The purpose is to avoid giving the trademark owner the privilege of indefinite protection of the effect of the technology. In this case, If the three-dimensional Rubik's Cube shape is allowed to register as a trademark, It gives the trademark owner special privileges, A market in a commodity whose shape is needed to achieve a rotating technical effect. Read on for more details!

[background] 1999 years, British corporation SevenTowns Ltd. Registration of EU three-dimensional trademark (No. 162784) , The shape is a three-dimensional Rubik's cube figure (Figure 1) , Be designated for use in "Nice classification" The first 28 In class "Three-dimensional puzzle" On goods. Figure 1 2006 years, toymaker Simba GmbH & Co. KG (Hereinafter referred to as "Simba Toys" ) The application declares the above-mentioned trademark invalid. European Union Intellectual Property Office (EUIPO) Order that the application be dismissed. subsequently, Simba Toys To the EU General Court of Justice (General Court) Lodge an appeal, It is believed that the trademark involved contains the technical effect of the commodity, The goods themselves can rotate, Is prohibited from being registered as a trademark in the EU, Should be revoked. Judgment of the General Court of the European Union, The decision of the European Intellectual Property Office was upheld, And confirm the validity of the EU trademark involved. The reason is that: 1. The grid lines in the logo graphics do not imply that the cube units are capable of rotating, Therefore, the figure does not contain any technical effects. 2. Rubik's Cube rotation function (Technical effect) Because of its internal mechanism, You can't tell from the Rubik's cube. 3. Allowing the trademark registration involved in the case does not unduly entitle the trademark owner to prohibit the third party from selling three-dimensional puzzle goods with rotating function. The right to exclude is limited to cube 3D puzzles with each face having the form of a grid. Thus, The General Court of the European Union ruled that the Rubik's cube figure has a significant distinction, Moreover, the internal mechanism cannot be inferred simply from the grid form of the Rubik's cube, Therefore, it can be registered as an EU trademark. after, Simba Toys Appeal to the European Court of Justice (Court of Justice) .

[discover] The Court of Justice of the European Union in this case (C-30/15P) Stated in the judgment, Evaluate the necessary characteristics of the disputed trademark (Cube and grid form) , It should be based on the technical function of the actual commodity, Including internal technical functions that cannot be perceived from the external shape, And the ability to rotate each individual unit in a Rubik's cube-shaped three-dimensional puzzle. The trademark in question has only the basic shape of a Rubik's cube, There are no arbitrary or decorative elements attached. If it is allowed to be registered as a trademark, It will seriously harm the third party to sell goods with the same or similar technical effect as the mark, The goods of a three-dimensional puzzle are completed by moving each unit regularly. Therefore, It cannot be registered as a trademark. now, The European Intellectual Property Office must follow the judgment of the European Court of Justice, Re-adjudicate the trademark involved.

[comment] When consumers buy goods, Appearance often plays a more important role in purchasing decisions. So traders are increasingly keen to register three-dimensional trademarks, To protect the influence of the appearance of goods on consumers. however, Three-dimensional trademarks cannot and should not be used to protect the technical effects of goods. A more appropriate legal system to protect the effect of technology is the patent or utility model system. The provisions limiting the duration of protection, It is the key to ensure the correct and healthy operation of innovation protection system. Whether a trademark that contains only the appearance of the goods and no additional elements can be registered, Has been controversial: That is, how to protect the exclusive rights of registered trademarks at the same time, To prevent the trademark owner from monopolizing the commodity market. Most of the time, It is difficult to judge whether the actual function of a three-dimensional trademark is to distinguish the origin of the goods or to protect the technical characteristics of the goods. The European Court of Justice ruling said, The appearance of goods required to obtain the technical effect shall not be registered as a trademark. The purpose is to avoid giving the trademark owner the privilege of indefinite protection of the effect of the technology. In this case, If the three-dimensional Rubik's Cube shape is allowed to register as a trademark, It gives the trademark owner special privileges, A market in a commodity whose shape is needed to achieve a rotating technical effect. The European Court of Justice followed an earlier decision Philips (C-299/99, 2008 years 6 month 18 No) , Lego Juris (C-48/09P, 2010 years 9 month 14 No) , and Pi-Design (C-337/12 P to C-340/12P, 2014 years 3 month 6 No) And so forth, The criteria to determine the prohibition of registration of three-dimensional graphics as trademarks are: When the competent authority decides whether to grant registration of a trademark, Additional information about the goods on which the mark is actually used must be considered.

author: Carlos MORÁN, Compiled by Aisabri: Liu Dan, The source of Aisabri Legal Counsel: Esabaril (ELZABURU) Intellectual property rights