I.-Shall not be validly registered and, if registered, shall be liable to be declared invalid a trade mark infringing earlier rights having effect in France, in particular:
1° An earlier trade mark :
a) Where it is identical to the earlier trade mark and the goods or services which it designates are identical to those for which the earlier trade mark is protected;
b) Where it is identical or similar to the earlier trade mark and the goods or services which it designates are identical or similar to those for which the earlier trade mark is protected, if there exists, in the mind of the public, a likelihood of confusion including the likelihood of association with the earlier trade mark ;
2° An earlier registered trade mark or a trade mark application subject to subsequent registration, which has a reputation in France or, in the case of a European Union trade mark, a reputation in the Union, where the later trade mark is identical or similar to the earlier trade mark, whether or not the goods or services which it designates are identical or similar to those for which the earlier trade mark is registered or applied for and where the use of that later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark ;
3° A name or business name, if there is a likelihood of confusion on the part of the public;
4° A trade name, sign or domain name, the scope of which is not solely local, if there is a likelihood of confusion on the part of the public;
5° A registered geographical indication mentioned in Article L. 722-1 or an application for a geographical indication subject to approval of its specifications and subsequent registration;
6° Copyrights;
7° Rights resulting from a protected design;
8° A third party’s personality right, in particular to their surname, pseudonym or image;
9° The name, image or reputation of a local authority or a public establishment for inter-communal cooperation;
10° The name of a public entity, if there is a risk of confusion in the mind of the public.
II.-An earlier trade mark within the meaning of 1° of I means:
1° A registered French trade mark, a European Union trade mark or a trade mark which has been the subject of an international registration having effect in France;
2° An application for registration of a trade mark mentioned in 1°, subject to its subsequent registration;
3° A well-known trade mark within the meaning of Article 6 bis of the Paris Convention for the Protection of Industrial Property.
The seniority of a registered trade mark shall be assessed with regard to the date of the application for registration, taking into account, where applicable, the priority right invoked or the seniority validly claimed by a European Union trade mark within the meaning of Article L. 717-6.
III.-A mark the registration of which has been applied for by the agent or representative of the proprietor of a mark protected in a State party to the Paris Convention for the Protection of Industrial Property, in his own name and without the proprietor’s authorisation, shall not be validly registered and, if registered, may be declared invalid unless that agent or representative justifies his action.
>It shall not be validly registered and, if registered, may be declared invalid, unless that agent or representative justifies his action.
It shall not be validly registered and, if registered, may be declared invalid, unless that agent or representative justifies his action.