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Case C-453/11 P: Order of the Court (Eighth Chamber) of 14 May 2012 — Timehouse GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Three-dimensional mark representing a watch — Refusal of registration — Lack of distinctiveness)
ECLI:EU:UNKNOWN:62011CB0453
62011CB0453
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6.10.2012
Official Journal of the European Union
C 303/4
(Case C-453/11 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Three-dimensional mark representing a watch - Refusal of registration - Lack of distinctiveness)
2012/C 303/07
Language of the case: German
Parties
Appellant: Timehouse GmbH (represented by: V. Knies, Rechtsanwalt)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, acting as Agent)
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 the General Court dismissed an action brought against the decision of the First Board of Appeal of OHIM of 11 March 2010 (Case R 0492/2009-1) 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 of the order
1.The appeal is dismissed.
2.Timehouse GmbH is ordered to pay the costs.
(<span class="super">1</span>) OJ C 340, 19.11.2011.