Action brought on 30 June 2010 - Sports Warehouse/HABM (TENNIS WAREHOUSE)
(Case T-290/10)
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
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;
Register the Community trade mark 7536899 "TENNIS WAREHOUSE"
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)