Industrial Property Law

The opposition procedure, provided for in Article L. 712-4 of the Intellectual Property Code, allows the owner of a prior right to oppose the registration of a mark within a time-limit of two months following the publication of the application for registration. The opposition is filed with the director general of the INPI.
Those entitled to the right of opposition are the natural or legal persons  …

Beneficiary of the right of opposition

The opposition procedure, provided for in Article L. 712-4 of the Intellectual Property Code, allows the owner of a prior right to oppose the registration of a mark within a time-limit of two months following the publication of the application for registration. The opposition is filed with the director general of the INPI.

Those entitled to the right of opposition are the natural or legal persons defined in Article L. 712-4-1 of the Intellectual Property Code, the list of which was extended by the Ordinance of 13 November 2019, namely:

- the owner of a prior trademark, including a well-known or reputed trademark, and the exclusive holder of a license to use a prior trademark, unless otherwise provided for in the license contract ; 

- any legal entity acting in its name (dénomination) or business name (raison sociale);

- any person acting on the basis of the trade name under which he carries on his business activity or the shop name designating the place where this activity is carried on;

- any person entitled to exercise the rights deriving from a geographical designation;

- the local authority or the public establishment for inter-municipal cooperation, where the geographical indication includes their name or on the basis of the infringement of their name, image or reputation ;

- any legal person governed by public law acting on the basis of an infringement of the name under which it or its services carry on their activity;

- the owner of a trademark filed without his authorization on behalf of his agent or representative.

Beneficiaries of the right of opposition are deemed to be informed of the application for registration on the day of its publication in the Official Bulletin of Industrial Property (Bulletin officiel de la propriété industrielle) . Local authorities and public establishments of inter-municipal cooperation also benefit from an option allowing them to be alerted by the INPI, if they so request, in the event of the filing of a trademark including their name (Art. L. 712-2-1 IP Code).

CA Rennes, 28 April 2015, LawLex202200000030JBJ, this protection of the name of local authorities resulting from the Hamon Law, No 2014-344 of 17 March 2014 cannot be raised if the opposition was filed prior to that date on the basis of a right in an earlier trademark.

CA Paris, 14 January 2022, LawLex202200001521JBJ.

Industrial Property Law

76. Beneficiary of the right of opposition

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

76. Beneficiary of the right of opposition

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise