CELEX: 62010TJ0235
Language: en
Date: 2011-07-06 00:00:00
Title: Judgment of the General Court (Third Chamber) of 6 July 2011.#Timehouse GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#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.#Case T-235/10.

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.