Case T-307/07: Action brought on 14 August 2007 — Hansgrohe v OHIM (AIRSHOWER)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), plumbing equipment, trade-mark law

C 235/24

EN

Official Journal of the European Union

6.10.2007

Form of order sought

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

— declare that the present application and the annexes thereto

are admissible;

— annul the decision of the Board of Appeal (points 1, 2 and
3 of the operative part) in so far as it annuls the contested
decision, rejects the application for registration in respect of
all the goods in question and orders the applicant to pay the
costs incurred by the opposing party in the opposition
proceedings and the appeal;

— order OHIM to pay the costs.

Form of order sought

— Annul

the decision of

for Harmonisation
in the Internal Market of 31 May 2007 in Appeal
No R 1281/2006-1 concerning trade mark Application
No 4 869 319;

the Office

— Order the Office for Harmonisation in the Internal Market

to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Calzaturificio Frau

Community trade mark concerned: the word mark ‘AIRSHOWER’
for goods in class 11 (Application No 4 869 319).

Community trade mark concerned: The figurative mark consisting
of a black arch sloping to the right (application for registration
No 3.388.097) for goods in Classes 18 and 25.

Proprietor of the mark or sign cited in the opposition proceedings:
Camper S.L.

Mark or sign cited in opposition: Spanish national three-dimen-
sional trade mark in the form of a shoe for goods in Class 25, a
number of English national figurative trade marks representing,
in various forms, sloping arches for goods in Class 25 and two
figurative Community trade marks also in the shape of an arch
for goods in Class 18.

Decision of the Opposition Division: partial rejection of the opposi-
tion.

Decision of the Board of Appeal: annulment of the contested deci-
sion and refusal of the application for registration.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 on the Community trade mark and of Article 73 of
that regulation.

Action brought on 14 August 2007 — Hansgrohe v OHIM
(AIRSHOWER)

Decision of the Examiner: partial rejection of the Application.

Decision of the Board of Appeal: dismissal of the Appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation
(EC) No 40/94 (1), because the sign applied for is of a distinctive
character and is not descriptive.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 15 August 2007 — Kingdom of the
Netherlands v Commission of the European Communities

(Case T-309/07)

(2007/C 235/45)

Language of the case: Dutch

Parties

Applicant: Kingdom of
Wissels, M. de Grave and Y de Vries, as Agents)

the Netherlands

(represented by C.

(Case T-307/07)

(2007/C 235/44)

Defendant: Commission of the European Communities

Language of the case: German

Form of order sought

Parties

Applicant: Hansgrohe AG (Schiltach, Germany) (represented by
S. Weidert and J. Zehnsdorf, lawyers)

— Annul Decision 2007/395 insofar as it is based on the
Commission's view that it is necessary for the Commission
to approve under Article 95(6) EC the maintenance of the
Netherlands rules relating to the use of short-chain chlori-
nated paraffins that are not listed in Directive 2002/45;

— Order the Commission to pay the costs.