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Case T-492/11: Judgment of the General Court of 12 September 2013 — ‘Rauscher’ Consumer Products v OHIM (Representation of a tampon) (Community trade mark — Application for a figurative Community trade mark representing a sanitary tampon — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) 207/2009)
ECLI:EU:UNKNOWN:62011TA0492
62011TA0492
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26.10.2013
Official Journal of the European Union
C 313/24
(Case T-492/11)(<span class="super">1</span>)
(Community trade mark - Application for a figurative Community trade mark representing a sanitary tampon - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) 207/2009)
2013/C 313/47
Language of the case: German
Parties
Applicant: ‘Rauscher’ Consumer Products GmbH (Vienna, Austria) (represented by: M. Stütz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 20 July 2011 (Case R 2168/2010-1) concerning an application for registration of a figurative sign representing a sanitary tampon as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders ‘Rauscher’ Consumer Products GmbH to pay the costs.
(<span class="super">1</span>) OJ C 355, 3.12.2011.