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