9.8.2021

Official Journal of the European Union

C 320/54

(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:

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

—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

—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:

—order EUIPO to pay the applicant’s costs incurred before the General 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;

—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.