13/02/2007 (Agence Europe) - The Court of Justice of the European Communities has ruled that the “collection chambers” of Dyson vacuum cleaners in the United Kingdom do not constitute a trade mark. In its ruling of 25 January (C-321/03), the Court clearly explains that these transparent chambers, which are part of the external surface of the appliance, may indeed be characteristic of the Dyson brand but cannot constitute a trade mark under Directive 89/104/EEC. The Court explains the difficulty of finding a sign that is capable of being represented graphically and clearly to distinguish the product of one undertaking from those of other undertakings. This is all the more true as Dyson was seeking to register even the concept of such chambers to include future variations in shape and colour. (cd)