Dyson v Registrar of Trade Marks

Dyson v Registrar of Trade Marks
Decided 25 January 2007
Full case nameDyson Ltd v Registrar of Trade Marks.
CaseC-321/03
CelexID62003CC0321
ECLIECLI:EU:C:2007:51
Case typeReference for a preliminary ruling
Ruling
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.
Court composition
Judge-Rapporteur
Aindrias Ó Caoimh (judge)
Advocate General
Philippe Léger

Dyson v Registrar of Trade Marks (2007) C-321/03 was a decision of the Court of Justice of the European Union concerning the concept of a sign of which a trade mark may consist. In particular, the case covers a preliminary ruling examining the interpretation of Article 3(3) of First Council Directive 89/104/EEC of 21 December 1988, which is now the Trade Marks Directive.