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Case T-104/19: Judgment of the General Court of 25 June 2020 — Dermavita v EUIPO — Allergan Holdings France (JUVÉDERM) (EU trade mark — Revocation proceedings — EU word mark JUVÉDERM — Genuine use of the mark — Use in connection with the goods in respect of which the mark was registered — Use in the form in which the mark was registered — Use with the proprietor’s consent — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62019TA0104
62019TA0104
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Official Journal of the European Union
C 262/21
(Case T-104/19) (*)
(EU trade mark - Revocation proceedings - EU word mark JUVÉDERM - Genuine use of the mark - Use in connection with the goods in respect of which the mark was registered - Use in the form in which the mark was registered - Use with the proprietor’s consent - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
(2020/C 262/28)
Language of the case: English
Parties
Applicant: Dermavita Co. Ltd (Beirut, Lebanon) (represented by: G. Paricheva, lawyer)
Defendant: European Union Intellectual Property Office (represented by: K. Zajfert, J. Crespo Carrillo, H. O’Neill and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Allergan Holdings France (Courbevoie, France) (represented by: J. Day, Solicitor, and T. de Haan, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 December 2018 (Case R 2630/2017-4), relating to revocation proceedings between Dermavita and Allergan Holdings France.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Dermavita Co. Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders Allergan Holdings France to bear its own costs.
(*) Language of the case: English.
ECLI:EU:C:2020:262