Official Journal of the European Union

C 314/25

(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.