Action brought on 21 September 2011 - 'Rauscher' Consumer Products v OHIM (Representation of a tampon)

(Case T-492/11)

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

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