Action brought on 3 July 2012 - Deutsche Bank v OHIM (Passion to Perform)

(Case T-291/12)

Language of the case: English

Parties

Applicant: Deutsche Bank (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

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 April 2012 in case R 2233/2011-4; and

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: International registration designating the European Community of the word mark "Passion to Perform" for goods and services in classes 35, 36, 38, 41 and 42 - Community trade mark application No W 1066295

Decision of the Examiner: Refused protection of the mark for the European Community

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 207/2009.

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