Judgment — ECLI:EU:T:2010:227
Date: 2010-06-09
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 10 August 2009 - Hoelzer v OHIM (SAFELOAD) (Case T-315/09) Language in which the application was lodged: German Parties Applicant: Oliver Hoelzer (Remscheid, Germany) (represented by G. Rother and J. Vogtmeier, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 June 2009 (R 1157/2008-4); order the defendant to pay the costs of the proceedings, including those incurred in connection with the appeal. Pleas in law and main arguments Community trade mark concerned: Figurative mark 'SAFELOAD' for goods in Classes 6 and 12 (application No 6 330 831) Decision of the Examiner: Registration refused. Decision of the Board of Appeal: Appeal dismissed. Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009,  since the word element of the mark applied for does not describe the characteristics of the goods covered by the application. ____________ 1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).