Judgment of the General Court of 12 September 2013 – ‘Rauscher’ Consumer Products v OHIM (Representation of a tampon)
(Case T-492/11) 1
(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 )
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.
____________1 OJ C 355, 3.12.2011.