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Case T-397/20: Judgment of the General Court of 6 October 2021 — Allergan Holdings France v EUIPO — Dermavita Company (JUVEDERM) (EU trade mark — Revocation proceedings — EU word mark JUVEDERM — Genuine use of the mark — Use in connection with the goods in respect of which the mark is registered — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62020TA0397
62020TA0397
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Valentina R., lawyer
29.11.2021
Official Journal of the European Union
C 481/24
(Case T-397/20) (*)
(EU trade mark - Revocation proceedings - EU word mark JUVEDERM - Genuine use of the mark - Use in connection with the goods in respect of which the mark is registered - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
(2021/C 481/34)
Language of the case: English
Parties
Applicant: Allergan Holdings France SAS (Courbevoie, France) (represented by: J. Day, Solicitor, and T. de Haan, lawyer)
Defendant: European Union Intellectual Property Office (represented by: K. Zajfert and V.J. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Dermavita Company S.a.r.l. (Beirut, Lebanon) (represented by: D. Todorov, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 April 2020 (Case R 877/2019-4), relating to revocation proceedings between Dermavita Company and Allergan Holdings France.
Operative part of the judgment
The Court:
1.Rejects the plea of inadmissibility;
2.Dismisses the action;
3.Orders Allergan Holdings France SAS to bear, in addition to its own costs, the costs incurred by the European Union Intellectual Property Office (EUIPO) and two-thirds of the costs incurred by Dermavita Company S.a.r.l. relating to the present proceedings;
4.Orders Dermavita Company S.a.r.l. to bear a third of its own costs relating to the present proceedings.
(*) Language of the case: English.