Case T-270/06: Judgment of the Court of First Instance of 12 November 2008 — Lego Juris v OHIM — Mega Brands (Red Lego brick) (Community trade mark — Application for a three-dimensional Community trade mark — Red Lego brick — Absolute ground for refusal — Sign which consists exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 40/94 — Offers of evidence)
Date: 2008-11-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), toy industry, trade-mark law

C 6/22

EN

Official Journal of the European Union

10.1.2009

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: B. Kiewiet and
M. Ekvad, Agents, assisted by G. Schohe, lawyer)

2. Orders Rautaruukki Oyj to pay the costs.

(1) OJ C 281, 18.11.2006.

Re:

ACTION against the decision of the Board of Appeal of the
CPVO of 2 May 2006 (Case A 003/2004), concerning an appli-
cation for Community plant variety rights in respect of the
plant variety SOMCOL 01

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ralf Schräder to pay the costs.

(1) OJ C 212, 2.9.2006.

Judgment of the Court of First Instance of 12 November
2008 — Lego Juris v OHIM — Mega Brands (Red Lego
brick)

(Case T-270/06) (1)

(Community trade mark — Application for a three-dimen-
sional Community trade mark — Red Lego brick — Absolute
ground for refusal — Sign which consists exclusively of the
shape of goods which is necessary to obtain a technical result
— Article 7(1)(e)(ii) of Regulation (EC) No 40/94 — Offers
of evidence)

(2009/C 6/45)

Language of the case: English

Judgment of the Court of First Instance of 19 November
2008 — Rautaruukki v OHIM — (RAUTARUUKKI)

Parties

(Case T-269/06) (1)

(Community trade mark — Application for the Community
word mark RAUTARUUKKI — Absolute grounds for refusal
of registration — Descriptive character — Absence of distinc-
tive character — Article 7(1)(b) and (c) and Article 7(3) of
Regulation (EC) No 40/94 — Evidence offered in support)

(2009/C 6/44)

Language of the case: English

Applicant: Lego Juris A/S (Billund, Denmark)
V. von Bomhard, A. Renck and T. Dolde, lawyers)

(represented by:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM,
Inc.
intervener before the Court of First
(Montreal, Canada)
(represented by: P. Cappuyns and C. De
Meyer, lawyers)

Instance: Mega Brands,

Parties

Re:

Applicant: Rautaruukki Oyj (Helsinki, Finland) (represented by:
P. Hagman, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Laitinen, Agent)

Re:

ACTION brought against the decision of the Fourth Board of
Appeal of OHIM of 20 July 2006 (Case R 48/2006-4)
concerning the registration of the word mark RAUTARUUKKI
as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

Action brought against the decision of
the Grand Board of
Appeal of OHIM of 10 July 2006 (Case R 856/2004-G) relating
to invalidity proceedings between Mega Brands, Inc. and Lego
Juris A/S.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lego Juris A/S to pay the costs.

(1) OJ C 294, 2.12.2006.