Opposition based on an earlier trade mark that has been registered for more than five years shall be rejected where the opponent, at the request of the proprietor of the application for registration, cannot establish:
1° That the earlier trade mark has been put to genuine use, in respect of the goods or services on which the opposition is based, during the five years preceding the filing date or priority date of the contested application for registration, in accordance with the conditions laid down in Article L. 714-5 or, in the case of a European Union trade mark, Article 18 of Regulation (EU) 2017/1001 of 14 June 2017;
2° Or that there were just grounds for its non-use.
For the purposes of the opposition examination, the earlier trade mark shall be deemed to be registered only in respect of those goods or services for which genuine use has been proved or just reasons for non-use established.