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).
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