Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008 – Rautaruukki v OHIM (RAUTARUUKKI)**

**(Case T-269/06)**

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

1.                     *Community trade mark – Appeals procedure – Appeals before the Community judicature – Jurisdiction of the Court of First Instance
(Rules of Procedure of the Court of First Instance, Art. 135(4); Council Regulation No 40/94, Art. 63) (see paras 20-21)*

2.                     *Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21; Rules of Procedure
of the Court of First Instance, Art. 44(1)(c)) (see paras 33-35)*

3.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of any distinctive character or which are descriptive or customary in character (Council Regulation No 40/94, Art. 7(3)) (see
paras 50-51)*

**Re:**

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

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Rautaruukki Oyj |
| Community trade mark sought: | Word mark RAUTARUUKKI for goods in particular in Class 6 – Application No 3608081 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Rautaruukki Oyj to pay the costs. |

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