The use of a trademark refers to any actual use of the trademark for the goods or services for which it is registered, in the context of a real commercial activity.
Key principles:
Under French law, the key principles are as follows:
- The use must be serious, i.e., genuine, public,c and commercially justified.
- Use may be carried out:
- by the owner themselves,
- or by an authorised third party (licensee, distributor, franchisee).
- Use may take various forms: on products, packaging, commercial documents, advertising, websites, etc.
- Serious non-use for 5 years may result in the forfeiture of the right to the trademark.
The use must be effective on French territory, i.e., in commerce in France (including online, if the French public is targeted).
Under European law, the rules are identical, the main difference being that the use must be demonstrable in the European Union, or in a substantial part thereof.
The trademark owner may also invoke the fact that preparations are underway for exploitation.
Exception:
The owner of a trademark cannot be deprived of their rights if they can justify a valid reason for non-use. This reason must be beyond the owner’s control and constitute a real and objective impediment to the exploitation of the trademark in commerce.