Action brought on 13 October 2011 - Deutsche Bank v OHIM (Leistung aus Leidenschaft)

(Case T-539/11)

Language of the case: German

Parties

Applicant: Deutsche Bank AG (Frankfurt am Main, Germany) (represented by R. Lange, T. Götting and G. Hild, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 August 2011 in Case R 188/2011-4;

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'Leistung aus Leidenschaft' for services in Classes 35, 36 and 38

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009 as the Community trade mark concerned has distinctive character

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