Source: EURLEX
Language: en
Format: md

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| 7.11.2009 | EN | Official Journal of the European Union | C 267/66 |

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Action brought on 10 August 2009 — Hoelzer v OHIM (SAFELOAD)

(Case T-315/09)

2009/C 267/119

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

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| — | 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); |

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| — | 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 6330831)

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,[(1)](#ntr1-C_2009267EN.01006601-E0001) since the word element of the mark applied for does not describe the characteristics of the goods covered by the application.

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