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.

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.