Shock Horror, Generic Purpose Scandal!

Shock generic usage of electrical goods merchandise mark

Today the European Court of Justice is hearing arguments inward Case C-321/03 Dyson Ltd v Registrar of Trade Marks. The questions referred to the ECJ past times the Chancery Division of the High Court for England as well as Wales are:

1.In a province of affairs where an applicant has used a sign (which is non a shape) which consists of a characteristic which has a role as well as which forms part of the appearance of a novel sort of article, as well as the applicant has, until the appointment of application, had a de facto monopoly inward such articles, is it sufficient, inward lodge for the sign to cause got acquired a distinctive graphic symbol inside the pregnant of Article 3(3) of Directive 89/104, that a important proportion of the relevant populace has past times the appointment of application for registration come upward to associate the relevant goods bearing the sign with the applicant as well as no other manufacturer?

2.If that is non sufficient, what else is needed inward lodge for the sign to cause got acquired a distinctive graphic symbol and, inward particular, is it necessary for the mortal who has used the sign to cause got promoted it equally a merchandise mark?

Left: an upright vacuum cleaner manufactured nether the Hoover brand

is horrified to read that the ECJ's Diary entry for today describes the example equally relating to a "mark comprising a functional characteristic (transparent plastic cylinder) forming part of a hoover" (emphasis added past times a scandalised IPKat). Is non HOOVER a registered merchandise score inward honor of vacuum cleaners - with other goods? Merpel adds, if the genericity of the discussion "hoover" is always litigated inward Europe inward proceedings that arrive at the European Court of Justice, volition that courtroom cause got judicial uncovering of its ain generic usage of the word?

Hoover Company here
Wikipedia defines hoover equally (i) generic term as well as (ii) something that should non live mentioned on household unit of measurement websites here, only equally (iii) a merchandise score here
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