Judgments (Information) nº T-104/19 of Tribunal General de la Unión Europea, June 25, 2020

• Resolution Date: June 25, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-104/19

Judgment of the General Court (Third Chamber) of 25 June 2020 - Dermavita v EUIPO - Allergan Holdings France (JUVÉDERM)

(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))

1. EU trade mark - Surrender, revocation and invalidity - Grounds for revocation - Absence of genuine use of a trade mark - Proof of use - Genuine use - Meaning - Criteria for assessment

   (Council Regulation No 207/2009, Art. 15(1), first para.)

   (see paras 19-21)

2. EU trade mark - Surrender, revocation and invalidity - Grounds for revocation - Absence of genuine use of a trade mark - Word mark JUVÉDERM

   (Council Regulation No 207/2009, Art. 15(1))

   (see paras 32, 33, 44, 53)

3. EU trade mark - Surrender, revocation and invalidity - Grounds for revocation - Absence of genuine use of a trade mark - Use of the mark in a form differing by elements not altering the distinctive character of the mark

   (Council Regulation No 207/2009, Art. 15(1))

   (see paras 37-39)

4. EU trade mark - Surrender, revocation and invalidity - Grounds for revocation - Absence of genuine use of a trade mark - Use by a third party with the consent of the trade mark proprietor

   (Council Regulation No 207/2009, Art. 15(2))

   ...