Дело T-***/**: *****************, Съдебно решение от **.**.2020 г.

Текст

... goods in respect of which the mark was registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))

In Case T‑664/19,

Allergan Holdings France, established in Courbevoie (France), represented by J. Day, Solicitor, and T. de Haan, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Crespo Carrillo, V.J. Ruzek, and K. Zajfert, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

Dermavita Co. Ltd, established in Beirut (Lebanon), represented by D. Todorov, lawyer,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 18 July 2019 (Joined Cases R 1655/2018‑4 and R 1723/2018‑4), relating to revocation proceedings between Dermavita Co. and Allergan Holdings France,

THE GENERAL COURT (Third Chamber),

composed of A.M. Collins, President, V. Kreuschitz and Z. Csehi (Rapporteur), Judges,

Registrar: A. Juhász-Tóth,

having regard to the application lodged at the Court Registry on 30 September 2019,

having regard to the response of EUIPO lodged at the Court Registry on 14 January 2020,

having regard to the response of the intervener lodged at the Court Registry on 10 January 2020,

further to the hearing on 10 July 2020,

gives the following

Judgment

Background to the dispute

1. On 20 September 2007, Allergan Inc., the predecessor in law to the applicant, Allergan Holdings France, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) ...