Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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WEDNESDAY, 10 APRIL 2013
PHOTOS.COM refusal goes on appeal
Posted by: Blog Administrator @ 17.28
CJEU appeal, descriptiveness, evidence,
Readers may recall Laetitia's excellent post
on the fascinating decision of the General Court in Case T-33/11
, in which tht court upheld the decision of the OHIM Board of Appeal that the word mark PHOTOS.COM was not registrable as a Community trade mark. In short, the mark was descriptive for the goods and services for which registration of the mark was sought and evidence of use of the domain name www.photos.com did not constitute evidence of acquired distinctiveness in terms of its use as a trade mark in respect of the goods and services in question.
As has been largely been expected, Getty has appealed to the Court of Justice of the European Union. The appeal is Case C-70/13 P: Getty Images (US), Inc. v OHIM - Trade Mark Appeal - PHOTOS.COM. Class 46 looks forward to bringing you news of the decision when it arrives, probably some time next year.
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