Deutsche Bank AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) T-291/12, [2014] All ER (D) 279 (Mar)
A mark consisting of an advertising slogan should be regarded as devoid of distinctive character if it was liable to be perceived by the relevant public as a mere promotional formula. On the other hand, such a mark should be recognised as distinctive, if, apart from its promotional function, it might be perceived immediately as an indication of the commercial origin of the goods or services in question.
In the light of the principles of equal treatment and sound administration, it was true that the Office for Harmonisation in the Internal Market should, when examining an application for registration of a Community trade mark, take into account the decisions already taken in respect of similar applications and consider with especial care whether it should decide in the same way or not. However, the way in which the principles of equal treatment and sound administration were applied had to be consistent with respect for legality. Consequently, a person who filed an application for registration of a sign
