Judgment of the General Court of 22 November 2011 - Sports Warehouse v OHIM (TENNIS WAREHOUSE)
(Case T-290/10)
(Community trade mark - Application for Community word mark TENNIS WAREHOUSE - Absolute ground for refusal - Descriptive character - Distinctive character - Obligation to state reasons - Article 7(1)(b) and (c) and Article 75 of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Sports Warehouse GmbH (Schutterwald, Germany) (represented by: M. Douglas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially S. Schäffner and subsequently R. Pethke, Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 21 April 2010 (Case R 1259/2009-1) concerning an application for registration of the word sign TENNIS WAREHOUSE as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Sports Warehosue GmbH to pay the costs.
____________1 - OJ C 234, 28.8.2010.