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Case C-70/13 P: 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) (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)
ECLI:EU:UNKNOWN:62013CB0070
62013CB0070
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Official Journal of the European Union
C 102/9
(Case C-70/13 P) (<a id="ntc1-C_2014102EN.01000901-E0001" href="#ntr1-C_2014102EN.01000901-E0001"> (<span class="super">1</span>)</a>
((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
1.The appeal is dismissed.
(<a id="ntr1-C_2014102EN.01000901-E0001" href="#ntc1-C_2014102EN.01000901-E0001">(<span class="super">1</span>)</a> OJ C 101, 6.4.2013)