Source: EURLEX
Language: en
Format: md

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| 18.11.2006 | EN | Official Journal of the European Union | C 281/42 |

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Action brought on 21 September 2006 — Rautaruukki v OHIM (RAUTARUUKKI)

(Case T-269/06)

(2006/C 281/74)

Language of the case: English

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant requests that the Court of First Instance:

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| — | annuls the decision of the Fourth Board of Appeal of July 21, 2006 and establishes that the applied Community Trademark application No 3 608 081 RAUTARUUKKI shall be considered distinctive and registrable, and remits the case to OHIM for registration purposes; |

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| — | orders the defendant OHIM to pay the applicant's costs in these proceedings. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘RAUTARUUKKI’ for goods in among others class 6 — application No 3 608 081

Decision of the examiner: Refusal of the application for the goods applied for in class 6

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(3) of Council Regulation No 40/94 since the trade mark ‘RAUTARUUKKI’ has become distinctive in respect of the goods applied for in class 6 after an extensive long-term use of the mark.

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