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28.8.2010 |
EN |
Official Journal of the European Union |
C 234/50 |
Action brought on 30 June 2010 — Sports Warehouse/HABM (TENNIS WAREHOUSE)
(Case T-290/10)
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2010/C 234/89
Language in which the application was lodged: German
Parties
Applicant: Sports Warehouse GmbH (Schutterwald, Germany) (represented by: M. Douglas, Rechtsanwalt)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 April 2010 in Case R 1259/2009-1; |
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Register the Community trade mark 7536899 ‘TENNIS WAREHOUSE’ |
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Order the Office to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘TENNIS WAREHOUSE’ for goods and services in Classes 25, 28 and 35
Decision of the examiner: Registration refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 7(1) (b) and (c) of Regulation (EC) No 207/2009, (1) on the ground that the mark was not descriptive in character and that the concept of the need for reservation was ignored; infringement of the duty to state reasons under Article 75 of Regulation (EC) No 207/2009.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)