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

(Case T-307/07)

Language of the case: German

Parties

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

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

Form of order sought

Annul the decision of the Office 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;

Order the Office for Harmonisation in the Internal Market to pay the costs of the proceedings.

Pleas in law and main arguments

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

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.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).