CELEX: 62010TA0235
Language: en
Date: 2011-07-06 00:00:00
Title: Case T-235/10: Judgment of the General Court of 6 July 2011 — Timehouse v OHIM (Shape of a watch with jagged edges) (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)

13.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 238/16
            
         Judgment of the General Court of 6 July 2011 — Timehouse v OHIM (Shape of a watch with jagged edges)
   (Case T-235/10) (1)
   
   (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)
   2011/C 238/24
   Language of the case: German
   
      Parties
   
   
      Applicant: Timehouse GmbH (Eystrup, Germany) (represented by: V. Knies, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent)
   
      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 of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Timehouse GmbH to pay the costs.
            
         
      (1)  OJ C 209, 31.7.2010.