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Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2009. # Hansgrohe AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark AIRSHOWER - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-307/07.
ECLI:EU:T:2009:13
62007TJ0307
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(Case T-307/07)
Community trade mark – Application for the Community word mark AIRSHOWER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 24, 37)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 31 May 2007 (Case R 1281/2006-1) concerning the registration of the word mark ‘AIRSHOWER’ as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark AIRSHOWER for goods in Class 11 – Application No 4869319
Decision of the examiner :
Registration partially refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Hansgrohe AG to pay the costs.