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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.
ECLI:EU:T:2010:227
62009TJ0315
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(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:
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:
Dismisses the action;
Orders Oliver Hoelzer to pay the costs.