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Document 62009TN0315

    Case T-315/09: Action brought on 10 August 2009 — Hoelzer v OHIM (SAFELOAD)

    OJ C 267, 7.11.2009, p. 66–66 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    10/08/2009
    Date lodged:
    10/08/2009
    Author:
    Court of First Instance
    Form:
    Judicial information
    Authentic language:
    German
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    Instruments cited in case law:
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    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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