Community trade mark Absolute ground for refusal Descriptive character Article 7(1)(c) of Regulation (EC) No 207/2009 Application for the figurative Community trade mark SAFELOAD
Sumário
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.
Texto da decisão
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.