Third time unlucky for Getty in PHOTOS.COM appeal

In December 2013, Getty Images’ third appeal against the Office of Harmonization for the Internal Market’s (OHIM’s) decision not to register its PHOTOS.COM trademark was rejected. The application covered a range of goods such as software and paper products and services such as the licensing of images. Getty had already had appeals rejected by the Second Board of Appeal and the General Court. However, Getty persisted with an appeal before the Court of Justice of the European Union.

In 2012, the General Court held that the PHOTOS.COM mark was devoid of distinctive character. The General Court declined to rule on Getty’s case that the mark was not descriptive as one absolute ground for refusal had already been held to apply…

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