ECLI:EU:T:2008:512

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.