The implementation of the measures provided for by the PACTE law continues with the entry into force, since April 1, 2020, of the procedures for the invalidity and forfeiture of marks before the French Trademark Office (INPI). These measures complement the means of acting against invalid or unused trademarks. Indeed, until now it was only possible through the courts, this change opens the administrative way, a big step.
Decision No. 2020-35 specifies in particular that the procedure must be initiated exclusively by electronic means and that it cannot relate to both a request for a declaration of invalidity and for revocation. This procedure will in particular allow anyone to request the full or partial cancellation of a trademark that has not been used for more than five years or that has become generic or deceptive due to its owner.
Recourse to this type of litigation should be made easier by the much lower costs and reduced period, compared to what we know of the current legal process.
If you need more information on this subject or if you have a special case, please contact us, we will be happy to assist you.
