Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 23.12.2019 | EN | Official Journal of the European Union | C 432/37 |

---

Judgment of the General Court of 24 October 2019 — Rubik’s Brand v EUIPO — Simba Toys (Shape of a cube with surfaces having a grid structure)

(Case T-601/17) [(1)](#ntr1-C_2019432EN.01003702-E0001)

(EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a cube with surfaces having a grid structure - Absolute ground for refusal - Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation 2017/1001) - Sign consisting exclusively of the shape of goods necessary to obtain a technical result - Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation 2017/1001) - Second sentence of Article 75(1) of Regulation No 207/2009 (now the second sentence of Article 94(1) of Regulation 2017/1001) - Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001))

(2019/C 432/42)

Language of the case: English

Parties

Applicant: Rubik’s Brand Ltd (London, United Kingdom) (represented by: K. Szamosi and M. Borbás, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 19 June 2017 (Case R 452/2017-1) relating to invalidity proceedings between Simba Toys and Rubik’s Brand.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the action; |

|  |  |
| --- | --- |
| 2. | Orders Rubik’s Brand Ltd to pay the costs. |

---

---

[Top](#document1)