Judgment of the Court (Third Chamber) of 25 January 2007 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division, United Kingdom) - Dyson Ltd v Registrar of Trade Marks
(Trade marks - Approximation of laws - Directive 89/104/EEC - Article 2 - Concept of a sign of which a trade mark may consist - Transparent bin or collection chamber forming part of the external surface of a vacuum cleaner)
Language of the case: English
Referring court
High Court of Justice of England and Wales, Chancery Division
Parties to the main proceedings
Applicant: Dyson Ltd
Defendant: Registrar of Trade Marks
Re:
REFERENCE for a preliminary ruling - High Court of Justice of England and Wales, Chancery Division - Interpretation of Article 3(3) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) - Mark consisting of a functional characteristic (transparent plastic container) forming part of the external surface of a vacuum cleaner
Operative part of the judgment
Article 2 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks is to be interpreted as meaning that the subject-matter of an application for trade mark registration, such as that lodged in the main proceedings, which relates to all the conceivable shapes of a transparent bin or collection chamber forming part of the external surface of a vacuum cleaner, is not a 'sign' within the meaning of that provision and therefore is not capable of constituting a trade mark within the meaning thereof.
____________1 - OJ C 239, 4.10.2003.