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.