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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