A recent CJEU judgment serves as a useful reminder to pharmaceutical companies of the dangers of registering a trade mark prematurely in the development of pharmaceutical products.
Background of the case
On 28 November 2017, Viridis Pharmaceutical Ltd brought an appeal before the CJEU against the General Court’s verdict to uphold the EUIPO’s Board of Appeal decision to revoke Viridis’s BOSWELAN trade mark for pharmaceutical products. The trade mark was originally revoked by the EUIPO following a claim by Hecht-Pharma GmbH that Viridis’s trade mark had not been put to ‘genuine use’.
Viridis appealed the General Court’s decision before the CJEU on the following grounds:
- The BOSWELAN trade mark had been put to ‘genuine use’ during the course of clinical trials; and
- There was a ‘proper reason’ for non-use of the trade mark which was sufficient for the purposes of avoiding revocation of the mark.