Case C-321/03: 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)
Date: 2007-03-10
Institutions: Court of Justice
Subjects: EU trade mark, approximation of laws, household electrical appliance, interpretation of the law, trade-mark law

C 56/2

EN

Official Journal of the European Union

10.3.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

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

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.

(Case C-321/03) (1)

(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)

(1) OJ C 239, 4.10.2003.

(2007/C 56/02)

Language of the case: English

Referring court

Judgment of the Court (First Chamber) of 25 January 2007
— Sumitomo Metal Industries Ltd and Nippon Steel Corp.
v Commission of the European Communities

High Court of Justice of England and Wales, Chancery Division

(Joined Cases C-403/04 P and C-405/04 P) (1)

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

(Appeals — Competition — Agreements, decisions and
concerted practices — Market in seamless steel tubes —
Protection of domestic markets — Burden of proof and
production of evidence — Duration of the proceedings before
the Court of First Instance)

(2007/C 56/03)

Language of the case: English

Parties

Appellants: Sumitomo Metal
Industries Ltd (represented by:
C. Vajda QC and G. Sproul and S. Szlezinger, Solicitors) and
Nippon Steel Corp (represented by: J.-F. Bellis and K. Van Hove,
avocats)

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

Other parties to the proceedings: JFE Engineering Corp, formerly
NKK Corp.,
formerly Kawasaki Steel Corp.,
the European Communities (represented by:
Commission of
N. Khan and A. Whelan, Agents), EFTA Surveillance Authority

JFE Steel Corp.,