Everyone agrees that three dimensionsal trademarks are possible. A classic example might be Rolls Royce’s mascot. Where a mark has functionality, it becomes more difficult. Unique packaging, such as the shape of a truly unique bottle, is trademarkable.
Rubik’s Cube, which was invented in 1974 by Hungarian architecture professor Erno Rubik, has enduring popularity and has sold more than 400 million cubes worldwide. Seven Towns registered the Rubik’s Cube as a three-dimensional EU trademark with the EUIPO in 1999. Simba Toys challenged the registration, but in 2014 the European Union General Court decided the three-dimensional trademark was valid, and ordered Simba to pay costs.
The European Court of Justice has now ruled the registration invalid.
And what about Israel? Been there… Done that.