CELEX: 62006TJ0269
Language: en
Date: 2008-11-19 00:00:00
Title: Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008. # Rautaruukki Oyj v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-269/06.

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.