CELEX: 62011TA0338
Language: en
Date: 2012-11-21 00:00:00
Title: Case T-338/11: Judgment of the General Court of 21 November 2012 — Getty Images v OHIM (PHOTOS.COM) (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)

12.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/35
            
         Judgment of the General Court of 21 November 2012 — Getty Images v OHIM (PHOTOS.COM)
   (Case T-338/11) (1)
   
   (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:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Getty Images (US), Inc. to pay the costs.
            
         
      (1)  OJ C 252, 27.8.2011.