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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.
ECLI:EU:T:2011:331
62010TJ0235
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(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.