CELEX: C2003/239/01
Language: en
Date: 2003-10-04 00:00:00
Title: Case C-321/03: 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

4.10.2003                 EN                       Official Journal of the European Union                                         C 239/1
                                                                        I
                                                                 (Information)
                                                    COURT OF JUSTICE
                                                             COURT OF JUSTICE
Reference for a preliminary ruling by the High Court of                    Action brought on 24 July 2003 by the Commission of
Justice (England & Wales), Chancery Division, by order                     the European Communities against the Kingdom of Spain
of that court dated 6 June 2003, in the case of Dyson Ltd
                 against Registrar of Trade Marks
                                                                                                  (Case C-323/03)
                           (Case C-321/03)
                                                                                                  (2003/C 239/02)
                           (2003/C 239/01)
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of                      An action against the Kingdom of Spain was brought before
Justice (England & Wales), Chancery Division, dated 6 June                 the Court of Justice of the European Communities on 24 July
2003, which was received at the Court Registry on 24 July                  2003 by the Commission of the European Communities,
2003, for a preliminary ruling in the case of Dyson Ltd and                represented by I. Martínez del Peral and K. Simonsson, acting
Registrar of Trade Marks on the following questions:                       as Agents, with an address for service in Luxembourg.
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                The applicant claims that the Court should:
       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          1.   declare that, by maintaining in force rules which:
       distinctive character within the meaning of Article 3(3)
       of Directive 89/104/EC (1), that a significant proportion
       of the relevant public has by the date of application for                —    allow maritime transport services in the Vigo estuary
       registration come to associate the relevant goods bearing                     to be entrusted to a single operator for a period of
       the sign with the applicant and no other manufacturer?                        20 years and which include as a criterion for the
                                                                                     award of the right to operate the services experience
                                                                                     in transport in the Vigo estuary, which favours the
2.     If that is not sufficient, what else is needed in order for                   existing operator;
       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?
                                                                                —    allow seasonal transport services with the islands or
                                                                                     regular transport services between continental ports
                                                                                     to be subject to public-service obligations;
( 1) First Council Directive 89/104/EEC of 21 December 1988 to
     approximate the laws of the Member States relating to trade
     marks, OJ L040, 11.02.1989, p. 1-7.
                                                                                —    permit the introduction of a more restrictive system
                                                                                     than that in force on the date on which the
                                                                                     Regulation entered into force (January 1993), that is
                                                                                     to say, the Decision of 11 June 1984;