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Claims against Registration

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By Anonymous writer - Glossary

An action for a claim against registration arises when a natural or legal person requests the organization or authority in charge of delivering the title concerned to reject the request for trademark registration on the basis that it violates pre-existing rights held by a third party.

Insofar as French trademarks are concerned, Article L.712-4 of the Intellectual Property Code provides that an action for a claim against registration can be brought to the Director of the INPI within a period of two months by a holder of a previously registered or recorded trademark who can demonstrate the prior date of registration, or by the holder of a pre-existing famous trademark. Pursuant to Article L.712-3 of the Intellectual Property Code, this short timeframe is two months from the date that the registration request was published.

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