Source: EURLEX
Language: en
Format: md

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| 31.7.2010 | EN | Official Journal of the European Union | C 209/44 |

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Action brought on 21 May 2010 — Timehouse v OHIM (Shape of a watch)

(Case T-235/10)

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2010/C 209/67

Language in which the application was lodged: German

Parties

Applicant: Timehouse GmbH (Eystrup, Germany) (represented by V. Knies, lawyer)

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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2010 in case R 0942/2009-1; and |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: A three-dimensional trade mark, representing a watch for goods in Class 14.

Decision of the Examiner: Rejection of the application for registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and of Council Regulation No 207/2009[(1)](#ntr1-C_2010209EN.01004401-E0001), as the trade mark is distinctive.

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