Source: EURLEX
Language: en
Format: md

**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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