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Serious Use

By Anonymous writer - Glossary

Article L.714-5 of the Intellectual Property Code states that ‘forfeiture of the rights of a trademark owner takes place when the said owner, without just cause, has not made a serious use of the trademark in relation to the products or services for which the registration was requested, during an uninterrupted period of five years.’

In a case from 19th March 2013, the Court of Cassation clarified this notion of serious usage and held that the actions before the use of the trademark and those after the forfeiture request has been made are not enough to establish the serious nature of a trademark use and to prevent the forfeiture.’

Therefore, a trademark holder must be vigilant regarding the continued use of the trademarks for products or services designated and must keep all forms of proof of its use in order to be able to clearly and conclusively attest to its effective and serious use.

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