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Document 62010TJ0235
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.
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.
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.
European Court Reports 2011 II-00214*
ECLI identifier: ECLI:EU:T:2011:331
Judgment of the General Court (Third Chamber) of 6 July 2011 – Timehouse v OHIM (Shape of a watch with jagged edges)
(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. |