Brands Update — April 2014: Deutsche Bank’s ‘Passion to Perform’ leaves EU General Court cold
The EU General Court has upheld an OHIM Board of Appeal decision refusing Deutsche Bank’s application for the word mark ‘PASSION TO PERFORM’ for a variety of services. The General Court held that OHIM was right to find that the mark would be perceived by the relevant public only as a laudatory statement and so was devoid of distinctive character.
It is now settled European case law that where a mark serves as a promotional formula or slogan, it is not excluded from registration by that fact alone, provided that it may also be perceived immediately by the relevant public as an indication of origin. Further, such a mark does not need to be more fanciful or original than other marks in order to have distinctive character…
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