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)
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.
____________1 - OJ C 209, 31.7.2010.