The shape of a product may be registered as a trademark, but not if such shape serves a functional purpose. A European Union court recently ruled that the unique design of a Rubik’s Cube can remain registered a trademark, rejecting the claim that the cube’s design suggests rotating parts (which presumably serve a functional purpose that can be protected as a patent, but not a trademark). The Rubik’s Cube design is also registered with the USPTO.
Source: General Court of the European Union and USPTO Reg. No. 2,285,794
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