Judgment of the General Court of 6 October 2021 – Allergan Holdings France v EUIPO – Dermavita Company (JUVEDERM)

(Case T-397/20) ¹

(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))

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:

Rejects the plea of inadmissibility;

Dismisses the action;

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;

Orders Dermavita Company S.a.r.l. to bear a third of its own costs relating to the present proceedings.

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¹     OJ C 279, 24.8.2020.