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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.
ECLI:EU:T:2011:684
62010TJ0290
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(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.