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Document 62011CO0453
Order of the Court (Eighth Chamber) of 14 May 2012. # Timehouse GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Three-dimensional mark representing a watch - Refusal of registration - Lack of distinctiveness. # 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) (OHIM).
Appeal - Community trade mark - Three-dimensional mark representing a watch - Refusal of registration - Lack of distinctiveness.
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) (OHIM).
Appeal - Community trade mark - Three-dimensional mark representing a watch - Refusal of registration - Lack of distinctiveness.
Case C-453/11 P.
Thuarascálacha na Cúirte Eorpaí 2012 -00000
ECLI identifier: ECLI:EU:C:2012:291
Order of the Court (Eighth Chamber) of 14 May 2012 —
Timehouse v OHIM
(Case C‑453/11 P)
Appeal — Community trade mark — Three-dimensional mark representing a watch — Refusal of registration — Lack of distinctiveness
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Lack of distinctiveness — Trade mark made up of several elements — Possible for the competent authority to examine each of the elements making up the trade mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 40)
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 that court dismissed an action brought against the decision of the First Board of Appeal of OHIM of 11 March 2010 (Case R 0942/2009‑1) 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
1. |
The appeal is dismissed. |
2. |
Timehouse GmbH is ordered to pay the costs. |