24.8.2020

EN

Official Journal of the European Union

C 279/50

(Case T-397/20)

(2020/C 279/63)

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 (EUIPO)

Other party to the proceedings before the Board of Appeal: Dermavita Company SARL (Beirut, Lebanon)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

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:

—annul points 3 and 4 of the operative part of the decision insofar as it dismissed the applicant appeal against the revocation of its EU trade mark registration No 2 196 822 JUVEDERM for ‘dermal implants’, and ordered the applicant to bear its own costs;

—order EUIPO and Dermavita Company Ltd to bear their own costs and pay those of the applicant, including those incurred by the applicant before the Fourth Board of Appeal.

Pleas in law

—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 64(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.