Chapter I: Elements constituting a trade mark

A trade mark for goods or services is a sign used to distinguish the goods or services of one natural or legal person from those of other natural or legal persons. This sign must be capable of being represented in the national trade mark register in such a way as to enable any person to determine precisely and clearly the subject matter of the protection conferred on its proprietor.

The following may not be validly registered and, if registered, may be declared invalid: 1° A sign which cannot constitute a trade mark within the meaning of Article L. 711-1; 2° A trade mark devoid of distinctive character; 3° A trade mark composed exclusively of elements or indications which may serve to designate, in trade, a characteristic of the goods or service, and in particular the kind, quality, quantity, intended…

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…