Beirut, Lebanon and Sofia, Bulgaria: DermaVita again reports positive findings obtained in its favor against Allergan concerning the brand JUVEDERM.
The GENERAL COURT OF THE EUROPEAN UNION in Luxembourg (CVRIA) upheld the EUIPO decision dated 31/07/2019 (see below *), for revocation and total withdrawal of the rights for Allergan Holdings France for its European brand JUVEDERM ULTRA No 006295638 for “dermic implants, including visco-supplementation substances for medical use, intended for wrinkle filling or volume increasing” – Class 10 products, while at the same time ordering Allergan Holdings France to pay the costs to DermaVita:
* On 31/07/2019, the Board of Appeal of The European Union Intellectual Property Office (EUIPO), following an Application for Revocation filled by DermaVita, ruled for a total withdrawal of the rights for Allergan Holdings France for its European brand JUVEDERM ULTRA No 006295638 for Class 10 products.
Furthermore, on 14/04/2021, a Decision on an Application for Revocation, filled by DermaVita and with Recordial file No T019716672 was issued by the Cancellation Division of The European Union Intellectual Property Office (EUIPO). It sets a total revocation and removal from the register of the Allergan Holdings France’s European brand JUVEDERM FORMA No 006547053 in Class 5 – “pharmaceutical preparations for the treatment of glabellar lines, facial wrinkles, asymmetries and defects and conditions of the human skin” and Class 10 – “dermal implants, namely, visco-supplementation solutions for filling wrinkles”.
DermaVita is more than ever decided to continue the process to prove the bad faith of Allergan in using the brand JUVEDERM, as the JUVEDERM brand has been the subject of PRIOR USE since 1999 for cosmetic products and for registration in Class 5 for pharmaceutical products by DermaVita. This has been already ruled out with judgment in favor of DermaVita against Allergan at First Instance Court on 23/06/2011 and confirmed on 29/01/2015 by The Supreme Court with a final and irreversible decision.
DermaVita congratulates its partners and contragents for this successful outcome!