Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Third Chamber) of 6 July 2011 – Timehouse v OHIM (Shape of a watch with jagged edges)**

**(Case T-235/10)**

Community trade mark – Application for a three-dimensional mark – Shape of a watch with jagged edges – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 25, 35-36)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 11 March 2011 (Case R 0942/2009‑1), concerning an application for registration of a three-dimensional sign consisting of the shape of a watch as a Community trade mark. |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Timehouse GmbH to pay the costs. |

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