CELEX: 62010TN0235
Language: en
Date: 2010-05-21 00:00:00
Title: Case T-235/10: Action brought on 21 May 2010 — Timehouse v OHIM (Shape of a watch)

31.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/44
            
         Action brought on 21 May 2010 — Timehouse v OHIM (Shape of a watch)
   (Case T-235/10)
   ()
   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
   
   
               —
            
            
               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
            
         
               —
            
            
               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), as the trade mark is distinctive.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).