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Document 62007TJ0307

    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.

    European Court Reports 2009 II-00007*

    ECLI identifier: ECLI:EU:T:2009:13





    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 – 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:

    Hansgrohe AG

    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.

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