DermaVita Reports Latest EUIPO Finding on Its Brand JUVEDERM
BEIRUT, Nov. 1, 2019 /PRNewswire/ -- DermaVita has obtained an EUIPO finding in its favor following US pharmaceutical company Abbvie's announcement on 25/06/2019 of its acquisition of Allergan.
On 31/07/2019, the Board of Appeal of The European Union Intellectual Property Office (EUIPO) ruled for a total withdrawal of rights for Allergan Holdings France for its European brand JUVEDERM ULTRA N°6295638 for "dermic implants, including visco-supplementation substances for medical use, intended for wrinkle filling or volume increasing" - Class 10 products.
Also on 04/04/2019, EUIPO ruled for a total withdrawal of rights for Allergan Holdings France for its European brand JUVEDERM N°2196822 for "medical and surgical devices and instruments, dermal implants, biocompatible materials for medical purposes intended for filling of wrinkles, artificial skin for surgical usage, prosthesis" - Class 10 products.
Earlier, on 21/02/2019, in France, the Nanterre High Court ruled for a partial withdrawal of Allergan Holdings France's rights to its French brand JUVEDERM N°3061345, for Class 10 - "artificial skin for surgical use, prosthesis" products. DermaVita continues its fight for the recognition of its rights and appeals to the Court of Versailles for a complete withdrawal of rights for the Allergan's JUVEDERM brand in Class 10, as the French trademark is identical to the revoked European trademarks.
Houssam Tawil, President of DermaVita, welcomes these new decisions and is confident that the procedures initiated in Europe and in other countries also will lead to the recognition of DermaVita's rights over the JUVEDERM brand.
This represents yet another victory for DermaVita, which once again manages to have its rights lawfully over the JUVEDERM brand. These judgments follow the latest court decisions:
- On 01/03/2018, in Norway, the Patent Office ruled for the removal of the word mark JUVEDERM, registered by Allergan Inc. USA, for Class 10 products. The Norwegian Board of Appeal for Industrial Property Rights (KFIR) reconfirmed this decision on 25/02/2019.
- On 12/03/2018, in New Zealand, the Intellectual Property Office ruled for a total revocation (effective as of 19/12/2017) of the JUVEDERM FORMA brands in Class 5 and 10, and of JUVEDERM REFINE in Class 5 and 10, which until that point were property of Allergan Inc., USA.
The US office of Intellectual Property has allowed the publication of DermaVita's trademark JUVEDERM for Class 35. All of Allergan's opposition proceedings against DermaVita's JUVEDERM trademark and cancellations against JUVEDERM trademarks of Allergan in USA were suspended by the USPTO until the final decision of EUIPO.
The JUVEDERM brand has been subject of Prior Use since 1999 before Allergan for Class 3 for cosmetics and earlier registration in Class 5 for pharmaceutical products by DermaVita - recognized definitely by the Lebanese judiciary through a ruling of the Supreme Court of Beirut dated 29/01/2015. This is the court judgment, which confirm the Prior Use of the trademark JUVEDERM to DermaVita.
All European JUVEDERM trademarks of Allergan in Class 5 for pharmaceutical products are in cancellation procedure for bad faith.
Furthermore, more than 150 trademark opposition and cancellation actions between DermaVita and Allergan have been filed in various national trademark offices.
During 2019, the JUVEDERM trademark of DermaVita was successfully registered in Russia and China, despite opposition.
To 01/11/2019 - DermaVita, owner of the JUVEDERM brand for Class 3 products in more than 60 countries, has instituted proceedings to have its rights of the JUVEDERM brand recognized.
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SOURCE DermaVita
