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.