Source: EURLEX
Language: en
Format: md

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| 3.12.2018 | EN | Official Journal of the European Union | C 436/62 |

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Action brought on 9 October 2018 — Essity Hygiene and Health/EUIPO (Representation of a leaf)

(Case T-607/18)

(2018/C 436/86)

Language of the case: Swedish

Parties

Applicant: Essity Hygiene and Health AB (Gothenburg, Sweden) (represented by: U. Wennermark, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for registration of an EU figurative mark of a representation of a leaf — Application for registration No 16 709 305

Contested decision: Decision of the First Board of Appeal of EUIPO of 6 July 2018 in Case R 21962017-1

Form of order sought

The applicant claims principally that the Court should:

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| 1. | annul the contested decision in its entirety, and   |  |  | | --- | --- | | (a) | confirm that the mark applied for has the required distinctiveness as an EU trade mark in respect of all the goods refused in Classes 3 and 16 |  |  |  | | --- | --- | | (b) | annul the contested decision as regards the goods in Class 21 refused by the Board of Appeal |  |  |  | | --- | --- | | (c) | refer the case back before the Board of Appeal for examination as regards ‘wiping cloths for cleaning; rags for cleaning’; | |

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| 2. | order EUIPO to pay the applicant’s costs of the action before both the General Court and EUIPO. |

In the alternative, the applicant claims that the Court should:

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| 1. | annul the contested decision as regards the goods in Class 21 refused by the Board of Appeal |

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| 2. | refer the case back before the Board of Appeal as regards ‘wiping cloths for cleaning; rags for cleaning’ |

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| 3. | order EUIPO to pay the applicant’s costs before the General Court. |

In the further alternative, the applicant claims that the Court should:

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| 1. | annul the contested decision as regards the goods in Class 21 refused by the Board of Appeal |

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| 2. | refer the case back before the Board of Appeal as regards ‘wiping cloths for cleaning; rags for cleaning’ |

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| 3. | order EUIPO to pay that part of the applicant’s costs which the Court considers appropriate. |

Plea in law

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| — | Infringement of Article 7(1)(b) of Regulation (EU) No 2017/1001. |

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