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Case T-539/11: Action brought on 13 October 2011 — Deutsche Bank v OHIM (Leistung aus Leidenschaft)
ECLI:EU:UNKNOWN:62011TN0539
62011TN0539
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Valentina R., lawyer
14.1.2012
Official Journal of the European Union
C 13/16
(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:
—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