Source: EURLEX
Language: en
Format: md

**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. |

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