Judgment of the General Court (Second Chamber) of 25March 2014— Deutsche Bank v OHIM (Leistung aus Leidenschaft)
(Case T‑539/11)
Community trade mark— Application for Community word mark Leistung aus Leidenschaft— Trade mark consisting of an advertising slogan— Absolute grounds for refusal— No distinctive character— Article7(1)(b) of Regulation (EC) No207/2009— Equal treatment— Obligation to state reasons— Evidence presented for the first time before the General Court
1.Community trade mark— Procedural provisions— Statement of reasons for decisions— Article75, first sentence, of Regulation No207/2009— Scope identical to that of Article296 TFEU (Art. 296 TFEU; Council Regulation No207/2009, Art. 75, first sentence) (see para. 13)
2.Community trade mark— Definition and acquisition of the Community trade mark— Absolute grounds for refusal— Separate examination of the grounds for refusal in relation to each of the products or services covered by the application for registration— Obligation to state the reasons for refusing to register— Scope (Council Regulation No207/2009, Arts 7(1), and 75) (see paras 14, 15)
3.Community trade mark— Definition and acquisition of the Community trade mark— Absolute grounds for refusal— Marks devoid of any distinctive character— Marks constituted of advertising slogans— Flattering promotional formula (Council Regulation No207/2009, Art.7(1)(b)) (see para. 29)
4.Community trade mark— Definition and acquisition of the Community trade mark— Absolute grounds for refusal— Lack of distinctive character of a sign— Trade mark made up of several elements— Possible for the competent authority to examine each of the elements making up the trade mark— Need to take account of the overall perception of the combination by the relevant public (Council Regulation No207/2009, Art. 7(1)(b)) (see para. 36)
5.Community trade mark— Definition and acquisition of the Community trade mark— Absolute grounds for refusal— Marks devoid of any distinctive character— Word mark Leistung aus Leidenschaft (Council Regulation No207/2009, Art. 7(1)(b)) (see paras 41-47)
6.Community trade mark— Definition and acquisition of the Community trade mark— Assessment of the registrability of a sign— Account to be taken only of Community legislation— Earlier registration of the mark in certain Member States or third countries— Decisions not binding Community bodies (see para. 53)
7.Community trade mark— Decisions of the Office— Principle of equal treatment— Principle of sound administration— OHIM’s previous decision-making practice (see paras 61-63)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3August 2011 (Case R 188/2011‑4) concerning an application for registration of word sign Leistung aus Leidenschaft as a Community trade mark. |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Deutsche Bank AG to pay the costs. |