Judgment of the General Court (Second Chamber) of 25 March 2014

1. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterMarks constituted of advertising slogansFlattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 21)

2. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterWord mark Passion to Perform (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 33, 45-48)

3. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalLack of distinctive character of a signTrade mark made up of several elementsPossible for the competent authority to examine each of the elements making up the trade markNeed to take account of the overall perception of the combination by the relevant public (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 38)

4. Community trade markDefinition and acquisition of the Community trade markAssessment of the registrability of a signEU rules only taken into accountEarlier registration of the mark in certain Member States or third countriesDecisions not binding EU bodies (Council Regulation No 207/2009) (see para. 59)

5. Community trade markDecisions of the OfficePrinciple of equal treatmentPrinciple of sound administrationOHIM’s previous decision-making practice (see para. 65)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 24 April 2012 (Case R 2233/2011‑4) concerning an application for registration of word sign Passion to Perform as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Deutsche Bank AG to pay the costs.