Order — ECLI:EU:C:2012:291
Date: 2012-05-14
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded
Origin: Germany

Order of the Court (Eighth Chamber) of 14 May 2012 — Timehouse v OHIM (Case C‑453/11 P) Appeal — Community trade mark — Three-dimensional mark representing a watch — Refusal of registration — Lack of distinctiveness Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Lack of distinctiveness — Trade mark made up of several elements — Possible for the competent authority to examine each of the elements making up the trade mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 40) Re: Appeal lodged against the judgment of the General Court (Third Chamber) of 6 July 2011 in Case T‑235/10 Timehouse v OHIM (Shape of a watch with scalloped edges) , by which that court dismissed an action brought against the decision of the First Board of Appeal of OHIM of 11 March 2010 (Case R 0942/2009‑1) concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a watch — Lack of distinctiveness. Operative part 1. The appeal is dismissed. 2. Timehouse GmbH is ordered to pay the costs.