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.