Trademark revocation – Consequences of the resumption of use

Publié en May 2018

The revocation of the rights attached to a mark is incurred if the trademark has not been put to genuine use within an uninterrupted five-year period following the registration. Nevertheless, the later start or resumption of real and genuine use before a period of three months prior to the application for revocation restores the trademark rights.

This was recalled by the Cour de cassation (31 Jan. 2018, Appeal 16-10761), enforcing

Monkey Selfies: the end

Publié en April 2018

In 2014, we told you about the surprising case of photographer David J. Slater and the famous Monkey Selfies (here).

David Slater had filed a take-down request to remove from Wikimedia the photographs he had brought back from Indonesia. At that time, Wikimedia rejected the request considering that the photographs were taken by monkeys, crested black macaques, and that no copyright could subsist in a work created by an animal.

Trademark infringement: affixing a mark to goods for export

Publié en April 2018

So far, the affixing in France of a third-party’s trademark to products (or their packaging) for export was not considered to infringe the trademark owner’s rights if the products bearing the mark were not sold in France or Europe but were intended for sale in a foreign country where the exporter had trademark rights.

However, the affixing of a trademark as such may be considered as genuine use and allow

3D trademark v/ Community design – The Tic Tac box case

Publié en February 2018

The three-dimensional trademark, filed for sweets and consisting of an empty and unlabeled TIC TAC box, although considered as a weak trademark, is opposable to a Community design consisting of a full candy box, bearing figurative and verbal elements.

First of all, an earlier trademark right can be opposed to a later registered Community design (RCD) as:

Part of the prior art, to destroy the novelty or individual character of

The Savon de Marseille is still not protected

Publié en February 2018

This has now become a real saga regarding southern France, not by famous writer Marcel Pagnol, but by the French Patent and Trademark Office (INPI) and IP lawyers.

Let’s recall that since 2014, Article L721-2 of the French Intellectual Property Code states that must be considered a geographical indication the name of a geographical area or of a specific place which serves to designate a product, other than agricultural, forester,