Source: EURLEX
Language: en
Format: md

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| 9.8.2021 | EN | Official Journal of the European Union | C 320/54 |

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Action brought on 25 June 2021 — Essity Hygiene and Health v EUIPO (Representation of a leaf)

(Case T-364/21)

(2021/C 320/60)

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 EU figurative mark representing a leaf — Application for registration No 16 709 305

Contested decision: Decision of the First Board of Appeal of EUIPO of 31 March 2021 in Case R 2196/2017-1

Form of order sought

The applicant claims, primarily, that the Court should:

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| — | annul the contested decision in so far as it refuses the application; |

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| — | vary the contested decision by granting the appeal against the examiner’s decision not to grant the application in respect of the goods in Class 16; and |

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| — | order EUIPO to pay the applicant’s costs incurred in the proceedings before both the General Court and EUIPO. |

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

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

Pleas in law

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

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

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| — | Infringement of Article 165(5) of Regulation (EU) 2017/1001 and Article 36(1)(g) and 36(2) of Commission Delegated Regulation (EU) 2018/625. |

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