Official Journal of the European Union

C 313/24

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)

2013/C 313/47

Language of the case: German


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)


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:


Dismisses the action;


Orders ‘Rauscher’ Consumer Products GmbH to pay the costs.

(1)  OJ C 355, 3.12.2011.