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31.7.2010 |
EN |
Official Journal of the European Union |
C 209/44 |
Action brought on 21 May 2010 — Timehouse v OHIM (Shape of a watch)
(Case T-235/10)
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2010/C 209/67
Language in which the application was lodged: German
Parties
Applicant: Timehouse GmbH (Eystrup, Germany) (represented by V. Knies, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2010 in case R 0942/2009-1; and |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: A three-dimensional trade mark, representing a watch for goods in Class 14.
Decision of the Examiner: Rejection of the application for registration.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 7(1)(b) and of Council Regulation No 207/2009 (1), as the trade mark is distinctive.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).