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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.

ECLI:EU:T:2008:512

62006TJ0269

November 19, 2008
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(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

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:

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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