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© Crown Copyright
DYSON LTD v REGISTRAR OF TRADE MARKS
(A.Rosas, President of the Chamber, J. Malenovsk
and A.Ó Caoimh, Judges): January 25, 20071
[2007] R.P.C. 27
Trade mark—Application—Transparent bin or collection chamber forming part of external surface of vacuum cleaner—Refusal to register by Registrar of Trade Marks—Appeal to High Court—Applicant having de facto monopoly in bagless vacuum cleaners—Whether possible for mark to acquire distinctiveness where proprietor had de facto monopoly—Referral of questions to European Court—Commission raising question not referred by national court—Whether European Court could rule on Commission's question—Whether subject-matter of application a "sign" and capable of constituting a trade mark.
Key Words: Distinctiveness • EC law • Household appliances • Interpretation • Monopolies • Refusal • Registration • Signs • Trade marks
1 Language of the Case: English. The source of the judgment is the website of the Court of Justice of the European Communities and is subject to a disclaimer and a copyright notice. The electronic version from which this report has been taken is not authentic and is subject to amendment. Paragraph numbers in this judgment are as assigned by the court.