Industrial Property Law

A trademark that infringes on an earlier name (dénomination) or corporate/company name (raison sociale)  is invalid if there is a risk of confusion in the minds of the public (Article L. 711-3, I, 3° IP Code). In order to claim the prior art of one's name or corporate name, an undertaking must have been registered in the Trade and Companies Register prior to the filing of the trademark to which it is opposed , or, in the case of an association, must have been duly declared prior to that date.

The likelihood of confusion between the dénomination or raison sociale and the second mark must be assessed with respect to consumers of an average level of attention  to the goods or services covered by the mark . It implies establishing the similarity between the activity carried out by the undertaking owning the earlier corporate name and the goods and services for which the second trademark was filed. This comparison must take into consideration, on the one hand, the activities actually carried out by the legal entity that owns the name or corporate name, independently of those listed in its articles of association , and on the other hand, only the goods or services designated in the trademark registration, to the exclusion of the conditions of exploitation of the trademarks or the activity of their owner . Like trademarks, company names are protected throughout the national territory. Consequently, the courts are not required to search for the places where the corporate name is known or used in order to invalidate the trademark .

The term “raison sociale” only applies to professional civil partnerships (sociétés civiles professionnelles).

Cass. com, 19 November 2002, LawLex202100006240JBJ; Cass. com, 13 November 2003, LawLex200300004413JBJ.

Cass. com, 25 January 2017, LawLex201700000180JBJ. 

Cass. com, 14 April 2021, LawLex202100001616JBJ; Cass. com, 5 April 2018, LawLex201800000577JBJ; Cass. com, 22 February 2005, LawLex202100006241JBJ.

Cass. com, 10 July 2012, LawLex201200001487JBJ; Cass. com, 19 November 2002, LawLex202100006240JBJ.

Cass. com, 14 April 2021, LawLex202100001616JBJ; Cass. com, 5 April 2018, LawLex201800000577JBJ.

Cass. com, 11 February 2003, LawLex200300002731JBJ.

60. "Dénomination" and "raison sociale"