Action brought on 10 April 2023 – Dermavita Company v EUIPO – Allergan Holdings France (JUVÉDERM)

(Case T-181/23)

Language in which the application was lodged: English

Parties

Applicant: Dermavita Company S.a.r.l. (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 JUVÉDERM – European Union trade mark No 5 807 169

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 1 February 2023 in Case R 904/2022-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order the defendant and the other party to bear their own costs and pay those of the applicant for annulment at every stage of the action for invalidation, including the costs of the proceedings before EUIPO and the Court.

Plea in law

Infringement of Articles 95(1), 97(1) and 107 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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