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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)
ECLI:EU:UNKNOWN:62010TA0235
62010TA0235
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Valentina R., lawyer
13.8.2011
Official Journal of the European Union
C 238/16
(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.
OJ C 209, 31.7.2010.