Allergan Wrinkle-Filler Can't Get Dual TM Protection In EU

Law360, London (November 18, 2020, 5:40 PM GMT) -- A European Union court on Wednesday ruled that Allergan can't get dual classification protection for its Juvederm Ultra trademark, saying the wrinkle-filler is a pharmaceutical product but doesn't qualify as a surgical implant.

The General Court tossed Allergan Holdings France's suit, which sought to partially annul a decision reached by an appeal board for the European Union's Intellectual Property Office that affirmed the revocation of the trademark under the "dermic implant" classification.

"In the present case, it should be noted that since the only function of the goods in question is that of filling wrinkles of the skin with hyaluronic acid...

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