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Case T-372/20: Action brought on 15 June 2020 — Dermavita Company v EUIPO — Allergan Holdings France (JUVEDERM)
ECLI:EU:UNKNOWN:62020TN0372
62020TN0372
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10.8.2020
EN
Official Journal of the European Union
C 262/33
(Case T-372/20)
(2020/C 262/45)
Language of the case: English
Parties
Applicant: Dermavita Company SARL (Beirut, Lebanon) (represented by: D. Todorov, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Allergan Holdings France SAS (Courbevoie, France)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union word mark JUVEDERM — European Union trade mark No 2 196 822
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 14 April 2020 in Case R 877/2019-4
Form of order sought
The applicant claims that the Court should:
—partially annul the contested decision concerning the rejection of the application for revocation of EUTM No 2 196 822 JUVEDERM for the contested goods ‘biocompatible substances for medical purposes for reducing wrinkles’;
—order EUIPO and the other party to bear their own costs and pay those of the applicant at every stage of the action for revocation and appeal proceedings, including the cost of the proceedings before EUIPO and the Court.
Pleas in law
—Erroneous interpretation of the relevant law, concerning the assessment of the nature of the goods, the trade mark has been used for;
—Lack of proof concerning the use of the trade mark by third parties with the consent of the EUTM proprietor under the meaning of Article 18(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.