Judgment of the General Court (Fourth Chamber) 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 – Duty to state reasons – Article 7(1)(b) and (c) and Article 75 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 207/2009, Art. 7(1)(c)) (see paras 31-33)

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

The Court:

1. Dismisses the action;

2. Orders Sports Warehouse GmbH to pay the costs.