Essity Hygiene v EUIPO (T-434/23)

Court: General Court

Judges: Kowalik-Bańczyk, Hesse and Ricziová

Judgment: Here

Trade mark: EU016709305

Issue: Trade mark validity

Summary

In Essity Hygiene v EUIPO, the General Court has upheld the EUIPO Board of Appeal’s decision to refuse registration for a leaf, depicted below.

The application was for class 16, including “paper, cardboard; fine paper, writing paper”, etc. The court reasoned that the average consumer would understand a leaf to refer to the ecological characteristics of the goods or to be purely decorative or ornamental.

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