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Case T-492/11: Action brought on 21 September 2011 — ‘Rauscher’ Consumer Products v OHIM (Representation of a tampon)
ECLI:EU:UNKNOWN:62011TN0492
62011TN0492
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Valentina R., lawyer
3.12.2011
Official Journal of the European Union
C 355/20
(Case T-492/11)
2011/C 355/36
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)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 July 2011 in Case R 2168/2010-1;
—Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: figurative mark, representing a tampon, for goods in Classes 3 and 5
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