Invalidity · first instance · 2019-03-25
000011073
Contested design: 004495281-0011
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 004495281-0011 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
Dermavita Company ltdvia PDF extraction
LB
Corniche Mazraa, General Street, Al Jichy Building (Lebanon Gulf Bank) – 4th Floor, Beirut, Lebanon
Represented by
Krasimira Kadieva
Prior art cited (1)
logos; graphic symbols and logos; surface patterns; ornamentation
Community design No 002689687-0001 · Office designs bulletin · disclosed 2015-05-06
Legal grounds invoked
Argument summary
- ›Applicant sought invalidity for lack of novelty and individual character, relying mainly on the holder's earlier published RCD No 002689687-0001 and also invoking other grounds.
- ›Holder argued the informed user was attentive, designer freedom was limited, and the added rectangular SOLAR element, wording, and contrast created a different overall impression; it also requested a stay.
- ›The Division refused a stay, found the earlier RCD had been validly disclosed through publication, and held that logo designers enjoy broad freedom for two-dimensional graphic symbols and logos.
- ›It found the elliptical JUVEDERM element dominated both designs, the added rectangular SOLAR portion played a secondary role, and the contested RCD therefore lacked individual character.
- ›The application was upheld, the contested RCD was declared invalid, and the holder was ordered to pay EUR 750 in costs.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberLudmila ČELIŠOVÁ
- MemberÁlvaro SESMA MERINO
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
Locarno classes
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| 000011077 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
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| 000011075 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
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