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.

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.