Source: EURLEX
Language: en
Format: md

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| 14.1.2012 | EN | Official Journal of the European Union | C 13/16 |

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

(Case T-539/11)

2012/C 13/34

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:

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| — | 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; |

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| — | 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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