An infringement action shall be inadmissible where, at the request of the defendant, the proprietor of the trade mark is unable to prove that:
1° That the trade mark has been put to genuine use in respect of the goods or services for which it is registered and which are relied on in support of the application, during the five years preceding the date on which the infringement action was brought, in accordance with the conditions laid down in Article L. 714-5;
or
2° Or that there were valid reasons for its non-use.