Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 4.9.2023 | EN | Official Journal of the European Union | C 314/25 |

---

Action brought on 26 July 2023 — Essity Hygiene and Health AB v EUIPO (Representation of a leaf)

(Case T-434/23)

(2023/C 314/31)

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 (Representation of a leaf) — Application No 16 709 305

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 30 May 2023 in Case R 2196/2017-4

Form of order sought

The applicant claims primarily that the Court should:

|  |  |
| --- | --- |
| — | annul the contested decision in so far as the appeal is dismissed (point two of the operative part of the decision); |

|  |  |
| --- | --- |
| — | amend the contested decision by granting the appeal against the examiner’s decision for goods in Class 16 covered by the application; |

|  |  |
| --- | --- |
| — | order EUIPO to pay the applicant’s costs incurred before EUIPO and before the Court. |

The applicant claims in the alternative that the Court should:

|  |  |
| --- | --- |
| — | order EUIPO to bear its own legal costs and, in addition, pay the applicant’s costs incurred before the Court. |

The applicant claims in the further alternative that the Court should:

|  |  |
| --- | --- |
| — | order EUIPO to pay its costs incurred before the Court. |

Pleas in law

|  |  |
| --- | --- |
| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

|  |  |
| --- | --- |
| — | Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

---

[Top](#document1)