Understand the legal issues of corporate life has become a necessity for any entrepreneur. In suppo

Small return on Trademark Law ... A trademark can be protected in France by a simple filing with the National Institute of Intellectual Property (INPI). Once the registration of the mark by the INPI services become final, the applicant of the mark has ten years of protection against any attempt to exploit this brand in France by a third party. The applicant real dortmund will have indeed an infringement action to oppose any use of its brand. But beware, the act of filing a trademark also implies an obligation: to operate effectively. Otherwise, any third party wishing to use the same trademark may commence legal proceedings for revocation brand and to deny any trademark protection.
The facts that have been submitted had been confirmed real dortmund by the Court of Appeal of Paris (CA Paris, division 5, ch. 2, 25 Jan. 2013, No. 12/03779). A French company had filed with the INPI brand "Flor Mar". At the end of the ten years of protection, the French company had renewed its trademark for the same period. This mark was therefore protected France against exploitation by a potential competitor. Turkish company operated the same brand "Flor Mar" real dortmund in many countries, particularly in Europe and the Middle East. Noting that the French company had not operated the "Flor Mar" brand manner during real dortmund an uninterrupted period of five years, Turkish society has assigned the French company forfeiture of trademark rights "Flor Mar". The Paris Court of Appeal dismissed the application for revocation brand made by Turkish society on the grounds that the latter exercised no commercial activity in France and it did not demonstrate that it has implemented serious acts preparatory allowing it to develop the disputed mark in the near future in France.
Badly it took! The Court of Cassation quashed the position of the Court of Appeal of Paris, taking care to cite Article L. 714-5 of the Code of Intellectual Property (that is, the importance of the Court of Cassation wanted to give this decision). Under these provisions, real dortmund "liable to forfeiture of his rights the owner of the brand, without good reason, has not made genuine use for the products and services real dortmund covered by the registration for an uninterrupted period of five years ". This text does not require that the plaintiff in the action for revocation brand proves it operates itself the mark nor does it demonstrate that it has implemented serious preparatory acts for its exploitation. The Court of Appeal of Paris had added conditions to the legal action that the legislature did not see fit needed! The Supreme Court ruled in favor of the Turkish society. real dortmund It was founded under this text to seek forfeiture of the protected mark by the French company, real dortmund so that, if necessary, to the file name and then operate in France.
In conclusion, when a mark is deposited, it is better to exploit! In this conflict between France to Turkey, France lost. But it is of good quality. It is not acceptable that a company files an economically even without exploiting real dortmund many brands. It would be a real obstacle to fair competition and against-productive in an economic environment like the one we are experiencing!
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Understand the legal issues of corporate life has become a necessity for any entrepreneur. In support of specific cases which have dealt with the French courts or from particular situations that have found an answer without having to go the route of litigation, this blog on business real dortmund law makes everyone subtleties a vast field of technology.
Sébastien Robineau a doctorate in law and a lawyer practicing in Paris. real dortmund He specializes in corporate law, which does not prevent him from keeping a critical eye on the main areas of business law! He is the founder of the firm Homer. It operates in Corporate / M & A and taxation. It assists real dortmund French and international clients in all their structural and related to the life of their societies operations.
Sebastian also has a strong regional involvement for him to know the essential local actors to perform certain operations complex restructurings sites located away if