A European Union trade mark that validly claims the seniority of a trade mark registered in France or of an international registration designating France, in accordance with Articles 39 and 40 of Regulation (EU) 2017/1001 of 14 June 2017, constitutes a prior claim enforceable under I of Article L. 711-3.
Where a trade mark previously registered in France has not been renewed or has been surrendered, the fact that the seniority of that trade mark has been claimed in the name of an EU trade mark shall not prevent that trade mark from being declared invalid or the rights of its proprietor from being revoked.
Such revocation may, however, be declared pursuant to this Article only if it was incurred on the date of surrender or on the date of expiry of the registration.