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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