CELEX: C2007/056/02
Language: en
Date: 2007-03-10 00:00:00
Title: 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)

10.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 56/2
            
         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
   (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)
   (2007/C 56/02)
   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.