An application for invalidity or revocation of a trade mark shall be inadmissible where a decision relating to an application having the same subject matter and cause of action has been given between the same parties in the same capacity by the National Institute of Industrial Property or by a court and that decision is no longer subject to appeal.
Without prejudice to the provisions of the second paragraph of Article R. 411-19, an application for invalidity or revocation of a mark filed with a court in disregard of I of Article L. 716-5 shall be inadmissible. The court shall decide of its own motion whether or not to allow the application.
The court shall decide whether or not to allow the application.