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Reports of Patent, Design and Trade Mark Cases 2003 120(24):821-847; doi:10.1093/rpc/2003rpc47
© 2003 by Crown Copyright
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© Crown Copyright

[2003] R.P.C. 47

DYSON LTD'S TRADE MARK APPLICATION

High Court of Justice—Chancery Division

Before: MR JUSTICE PATTEN May 15, 20031

[2003] EWHC 1062 (Ch), [2003] R.P.C. 47

Trade mark—Application—Transparent bin of vacuum cleaner—Whether mark devoid of distinctive character—Registration refused—Appeal to High Court—Nature of appeal from ex parte hearing before registrar—Whether mark consisted exclusively of sign which served to designate characteristic of goods—Whether sign had origin significance—Relevance of previous monopoly position of applicant in bagless cleaner market—Acquired distinctiveness—Whether necessary to show use as a trade mark—Whether de facto monopoly position leading to recognition sufficient—Reference to European Court.

1 Paragraph numbers in this judgment are as assigned by the court.


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