This document is an excerpt from the EUR-Lex website
Document 62011TA0338
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)
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)
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)
OJ C 9, 12.1.2013, p. 35–36
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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1. |
Dismisses the action; |
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2. |
Orders Getty Images (US), Inc. to pay the costs. |