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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)
ECLI:EU:UNKNOWN:62011TA0338
62011TA0338
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Official Journal of the European Union
C 9/35
(Case T-338/11) (<span class="super">1</span>)
(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.
(<span class="super">1</span>) OJ C 252, 27.8.2011.