CELEX: 62009TN0315
Language: en
Date: 2009-08-10 00:00:00
Title: Case T-315/09: Action brought on 10 August 2009 — Hoelzer v OHIM (SAFELOAD)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/66
            
         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
   
   
               —
            
            
               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 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) 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).