CELEX: 62011TN0492
Language: en
Date: 2011-09-21 00:00:00
Title: Case T-492/11: Action brought on 21 September 2011 — ‘Rauscher’ Consumer Products v OHIM (Representation of a tampon)

3.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/20
            
         Action brought on 21 September 2011 — ‘Rauscher’ Consumer Products v OHIM (Representation of a tampon)
   (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