The following shall be inadmissible:
1° An application for a declaration of invalidity based on an earlier trade mark where the proprietor of the earlier registered trade mark does not establish, at the request of the proprietor of the later trade mark, that on the date of filing or on the priority date of that later trade mark, the earlier trade mark, which is liable to be declared invalid on the basis of 2°, 3° and 4° of Article L. 711-2, had acquired distinctive character;
2° An application for a declaration of invalidity based on Article L. 711-3(I)(1)(b) where the proprietor of the earlier registered trade mark fails to establish, at the request of the proprietor of the later trade mark, that at the date of filing or at the priority date of the later trade mark, the earlier trade mark relied upon had acquired a sufficiently distinctive character to justify the existence of a likelihood of confusion on the part of the public;
3° An application for a declaration of invalidity based on 2° of I of Article L. 711-3 where the proprietor of the earlier registered trade mark does not establish, at the request of the proprietor of the later trade mark, that on the date of filing or on the priority date of that later trade mark, the earlier trade mark invoked had acquired repute within the meaning of that provision.