Source: EURLEX
Language: en
Format: md

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| 12.1.2013 | EN | Official Journal of the European Union | C 9/35 |

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Judgment of the General Court of 21 November 2012 — Getty Images v OHIM (PHOTOS.COM)

(Case T-338/11)[(1)](#ntr1-C_2013009EN.01003503-E0001)

(Community trade mark - Application for the Community word mark PHOTOS.COM - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - No distinctiveness acquired through use - Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009)

2013/C 9/62

Language of the case: English

Parties

Applicant: Getty Images (US), Inc. (New York, United States) (represented by: P. Olson, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 April 2011 (Case R 1831/2010-2) concerning an application for registration of the word mark PHOTOS.COM as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Getty Images (US), Inc. to pay the costs. |

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