Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2009 – Hansgrohe v OHIM (AIRSHOWER)
(Case T-307/07)
Community trade mark – Application for the Community word mark AIRSHOWER – Absolute ground for refusal – Descriptive character – Article7(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 31May2007 (CaseR 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: | Hansgrohe AG |
Community trade mark sought: | Word mark AIRSHOWER for goods in Class 11 – Application No4869319 |
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. |