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6.10.2007 |
EN |
Official Journal of the European Union |
C 235/24 |
Action brought on 14 August 2007 — Hansgrohe v OHIM (AIRSHOWER)
(Case T-307/07)
(2007/C 235/44)
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
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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; |
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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.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).