Source: EURLEX
Language: en
Format: md

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| 7.4.2014 | EN | Official Journal of the European Union | C 102/9 |

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Order of the Court (Eighth Chamber) of 12 December 2013 — Getty Images (US) Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-70/13 P)[(1)](#ntr1-C_2014102EN.01000901-E0001)

((Appeal - Community trade mark - Regulation (EC) No 207/2009 - Article 7(1)(b) and (c) - Absolute grounds for refusal - Lack of distinctiveness - Descriptive character - Word mark PHOTOS.COM - Partial refusal of registration - Equal treatment - Obligation for OHIM to take into account its prior decision-making practice - Appeal partly manifestly inadmissible and partly manifestly unfounded))

2014/C 102/11

Language of the case: English

Parties

Appellant: Getty Images (US) Inc. (represented by: P.G. Olson, advokat)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, Agent)

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 21 November 2012 in Case T-338/11 Getty Images v OHIM, by which the General Court dismissed an action for annulment of Decision R 1831/2010-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 6 April 2011, rejecting the appeal brought against the examiner’s decision to partially refuse registration of the word mark ‘PHOTOS.COM’, for goods in classes 9, 42 and 45 — Article 7(1)(b) and (c), and Article 7(3) of Regulation No 207/2009 — Lack of distinctive character.

Operative part of the order

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| 1. | The appeal is dismissed. |

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| 2. | Getty Images (US) Inc. is ordered to pay the costs. |

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