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Document 62010TJ0290

Judgment of the General Court (Fourth Chamber) of 22 November 2011.
Sports Warehouse GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-290/10.

European Court Reports 2011 II-00414*

ECLI identifier: ECLI:EU:T:2011:684





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.

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