Chapter III: Rights conferred by the trade mark

The registration of a trade mark confers on its proprietor a right of ownership in respect of that trade mark for the goods or services which it has designated. This right is exercised without prejudice to rights acquired by third parties prior to the filing date or priority date of that trade mark.

The use in the course of trade for goods or services of: 1° A sign identical to the trade mark and used for goods or services identical to those for which the trade mark is registered; 2° A sign identical or similar to the trade mark and used for goods or services identical or similar to those for which the trade mark is registered, if there exists, in the mind…

The use in the course of trade, in relation to goods or services, of a sign identical with, or similar to, the trade mark which has a reputation and which is used in relation to goods or services identical with, or similar or dissimilar to, those for which the trade mark is registered shall be prohibited, unless authorised by the proprietor of the trade mark, if such use of the…

In particular, articles L. 713-2 and L. 713-3, the following acts or uses: 1° Affixing the sign to the goods or to their packaging; 2° Offering the goods, placing them on the market or holding them for those purposes under the sign, or offering or providing services under the sign; 3° Importing or exporting the goods under the sign ; 4° The use of the sign as a trade name…

Subject to the application of the provisions of Article L. 716-4-4, the introduction into the national territory, in the course of trade, of goods, without their being put into free circulation there, is also prohibited where these goods, including packaging, come from third countries and are, without the proprietor’s authorisation, covered by a sign identical to the trade mark registered for these goods or by a sign which cannot be…

Where there is a risk of infringement of its rights, pursuant to articles L. 713-2 to L. 713-3-1, as a result of use in the course of trade for goods or services, of packaging, labels, markings, security or authentication devices or any other medium on which the trade mark is affixed, the proprietor of a trade mark may prohibit: 1° The affixing of a sign identical or similar to the…

Where the reproduction of a trade mark in a dictionary, encyclopaedia or similar reference work, in printed or electronic form, gives the impression that it constitutes the generic term designating the goods or services for which it is registered and the proprietor of the trade mark so requests, the publisher shall indicate without delay and at the latest at the time of the next edition if the work is printed…

The right conferred by a trade mark does not entitle its proprietor to prohibit its use in respect of goods which have been put on the market in the European Union or in the European Economic Area under that trade mark by the proprietor or with his consent. However, the proprietor of the trade mark is still entitled to oppose any new act of marketing if he can show legitimate…

The use in the course of trade, for goods or services, not authorised by the proprietor of a well-known trade mark within the meaning of Article 6 bis of the Paris Convention for the Protection of Industrial Property, shall not constitute an infringement but shall give rise to civil liability on the part of its author: 1° Of a sign identical to the trade mark and used for goods or…

I. – A trade mark shall not entitle its proprietor to prohibit a third party from using, in the course of trade, in accordance with honest practices in the trade: 1° Of his surname or address where that third party is a natural person; 2° Of signs or indications which are devoid of any distinctive character or which relate to the kind, quality, quantity, intended purpose, value, geographical origin, the…