CELEX: 62009TJ0315
Language: en
Date: 2010-06-09
Title: Judgment of the General Court (Fifth Chamber) of 9 June 2010. # Oliver Hoelzer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-315/09.

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.