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Claims of Ownership

By Anonymous writer - Glossary

Under Article L.712-6 of the Intellectual Property Code, ‘A person claiming to have a right over a trademark can bring a proceeding for a claim of ownership if the registration of the trademark was sought either fraudulently or in violation of a legal obligation, either on the basis of national legislation or jurisprudence or under the provisions of international conventions.’

Claiming ownership over a trademark is therefore a proceeding allowing for the rights obtained through the fraudulent registration of a fraudulent trademark to be given back to its rightful owner.

The period of prescription within which to bring an action is three years from the date that the registration request was published, except in cases in which the registering party acted in bad faith.

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