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Article L716-2-8 of the French Intellectual Property Code

The proprietor of an earlier right who has tolerated for a period of five consecutive years the use of a later trade mark registered with knowledge of such use shall no longer be entitled to apply for a declaration of invalidity of the later trade mark on the basis of Article L. 711-3, in respect of the goods or services for which the use of the trade mark was tolerated,…

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