Notice for the OJ

 

Reference for a preliminary ruling by the High Court of Justice (England & Wales), Chancery Division, by order of that court dated 6 June 2003, in the case of Dyson Ltd against Registrar of Trade Marks.

    (Case C-321/03)

Reference has been made to the Court of Justice of the European Communities by an order of the High Court of Justice (England & Wales), Chancery Division, dated 6 June 2003, which was received at the Court Registry on 24 July 2003, for a preliminary ruling in the case of Dyson Ltd and Registrar of Trade Marks on the following questions:

1.In a situation where an applicant has used a sign (which is not a shape) which consists of a feature which has a function and which forms part of the appearance of a new kind of article, and the applicant has, until the date of application, had a de facto monopoly in such articles, is it sufficient, in order for the sign to have acquired a distinctive character within the meaning of Article 3(3) of Directive 89/104/EC¹, that a significant proportion of the relevant public has by the date of application for registration come to associate the relevant goods bearing the sign with the applicant and no other manufacturer?

2.If that is not sufficient, what else is needed in order for the sign to have acquired a distinctive character and, in particular, is it necessary for the person who has used the sign to have promoted it as a trade mark?

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¹ - First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, OJ L 040, 11.02.1989, p. 1 - 7.