Community trade mark Absolute ground for refusal Descriptive character Article 7(1)(c) of Regulation (EC) No 40/94 Application for the Community word mark AIRSHOWER
Sumário
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.
Texto da decisão
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. |