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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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FRIDAY, 8 JULY 2011
Timehouse S.T.A.M.P.S watches original but not distinctive

In case T-235/10, the Court dismissed the appeal brought against the decision rejecting the following 3D trademark application for Class 14 'jewellery, clocks and watches':

The representation consists of a round slightly salient face within a square box, with hands, and a setting button, which is the usual configuration of a watch, the perforated sides will be perceived as a mere decorative element. Therefore, it lacks distinctiveness in the meaning of Article 7(1) (b) CTMR since it does no differ significantly from the usual design of a watch and will not be perceived as an indication of origin.

Posted by: Laetitia Lagarde @ 18.28
Tags: General court, stamps watch, absoloute grounds,
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