Source: EURLEX
Language: en
Format: md

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| 28.8.2010 | EN | Official Journal of the European Union | C 234/50 |

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Action brought on 30 June 2010 — Sports Warehouse/HABM (TENNIS WAREHOUSE)

(Case T-290/10)

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2010/C 234/89

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

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| — | 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; |

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| — | Register the Community trade mark 7536899 ‘TENNIS WAREHOUSE’ |

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| — | 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)](#ntr1-C_2010234EN.01005001-E0001) 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.

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