Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fifth Chamber) of 9 June 2010 – Hoelzer v OHIM (SAFELOAD)**

**(Case T-315/09)**

Community trade mark – Application for the figurative Community trade mark SAFELOAD – Absolute ground for refusal − Descriptive character − Article 7(1)(c) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation
No 40/94, Art. 7(1)(c)) (see paras 19, 25, 35)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 June 2009 (Case R 1157/2008‑4) concerning an application for registration of the figurative sign SAFELOAD as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Oliver Hoelzer |
| Community trade mark sought: | Figurative mark SAFELOAD for goods in Classes 6 and 12 – Application No 6330831 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

1.      Dismisses the action;

2.      Orders Oliver Hoelzer to pay the costs.

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