The following are inadmissible:
1° An application for a declaration of invalidity brought by the proprietor of an earlier trade mark which has been registered for more than five years at the date of the application for a declaration of invalidity who, at the request of the proprietor of the later trade mark, does not prove:
That
a) That the earlier trade mark has been put to genuine use in the course of the five years preceding the date on which the application for a declaration of invalidity was filed, in respect of the goods or services for which it is registered and which are relied on in support of the application, 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;
b) Or that there were valid reasons for its non-use;
2° An application for a declaration of invalidity brought by the proprietor of an earlier trade mark registered more than five years before the filing date or priority date of the later trade mark who, at the request of the proprietor of the later trade mark, fails to prove that:
(a) the earlier trade mark has had a significant effect on the proprietor of the later trade mark; or
a) That the earlier 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 filing date or priority date of the later trade mark, in accordance with the conditions laid down in Article L. 714-5 or, in the case of a European Union trade mark, in Article 18 of Regulation (EU) 2017/1001 of 14 June 2017;
b) Or that there were proper grounds for its non-use.
For the purposes of examining the application for a declaration of invalidity, 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 good cause for non-use has been established.