CELEX: 62010TN0290
Language: en
Date: 2010-06-30 00:00:00
Title: Case T-290/10: Action brought on 30 June 2010 — Sports Warehouse/HABM (TENNIS WAREHOUSE)

28.8.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 234/50
            
         Action brought on 30 June 2010 — Sports Warehouse/HABM (TENNIS WAREHOUSE)
   (Case T-290/10)
   ()
   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
   
   
               —
            
            
               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)