Invalidity · first instance · 2019-03-25
000011063
Contested design: 004495281-0001
Outcome
The invalidity application is upheld, the contested RCD is declared invalid, and the holder must pay the applicant's costs fixed at EUR 750.
Show verbatim operative text
The application for a declaration of invalidity is upheld. Registered Community design No 004495281-0001 is declared invalid. 3. The holder bears the applicant’s costs, fixed at EUR 750.
CostsHolder ordered to pay costs of €750
Parties
Applicant · invalidity challenger
Allergan Holdings France SAS
France (FR)
12, Place de la Defense, 92400 Courbevoie, France
Represented by
Holder · RCD owner
JUVEDERM Elite Clinics S.A.R.L.via PDF extraction
LB
Corniche Mazraa — Lebanon Gulf bank — 4th Floor, Beirut, Lebanon
Represented by
Krasimira Kadieva
Prior art cited (1)
logos, graphic symbols, surface patterns, ornamentation
RCD No 002689687-0001 · Office designs bulletin · disclosed 2015-05-06
Legal grounds invoked
Argument summary
- ›The applicant argued that the contested logo design lacked novelty and individual character over the holder's earlier RCD No 002689687-0001 and also relied on other trademark-based grounds.
- ›The holder argued the informed user was highly attentive, designer freedom was limited, and the added 'BEAUTY SALONS' rectangle, wording and contrast created a different overall impression; it also requested a stay.
- ›The Division refused to stay the case, found the earlier RCD had been disclosed by publication in the Office bulletin before the contested filing date, and treated logo designers as enjoying broad freedom.
- ›It held that the ellipse and 'JUVEDERM' element dominated both designs and that the added rectangular tagline was secondary, so the contested RCD lacked individual character and had to be invalidated.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberLudmila ČELIŠOVÁ
- MemberBirgit FILTENBORG
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
Locarno classes
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