Trademark use investigation
In the context of a prior availability search, it is possible that one or more relevant prior trademarks may be detected, sufficiently close to your project to be considered as an obstacle.
However, there are several ways of accomplishing your project despite everything.
If the revealed trademark was registered more than five years ago, French law and European law (as well as several other national legislations) state that it is necessary for it to be used for it to be valid in an opposition against you.
For French trademarks, the principle is stated in Article L.714-5 of the Intellectual Property Code and for community trademarks, in Article 10 of Directive 89/104 dated 21 December 1998.
Hence, “A person shall forfeit his ownership rights over a trademark that, without justified grounds, has not been subjected to serious use, for the products and services described in the registration, during an uninterrupted period of five years (…)”
It can then be a good idea to carry out a use investigation in order to obtain more complete information concerning this trademark.
BRANDON IP is ready to assist you in the different stages of these processes: clearance search, execution of the use investigation according to the conditions of the country concerned, analysis of results, strategic approach, possibly an action for forfeiture or a buy-in procedure of a non-exploited trademark and any settlement procedure.
Thanks to our international network, we are able to carry out investigations for you in all countries that have implemented the legal use requirement.