Industrial Property Law

The examination phase or the time-limit for the INPI to respond may be suspended (Article R. 712-17 IP Code):
- when the opposition is based in whole or in part on an application for registration of a trademark, on an application for a geographical indication or on a geographical indication whose specifications are the subject of an application for amendment that affects the basis of the oppositio …

Suspension or closure of procedure

The examination phase or the time-limit for the INPI to respond may be suspended (Article R. 712-17 IP Code):

- when the opposition is based in whole or in part on an application for registration of a trademark, on an application for a geographical indication or on a geographical indication whose specifications are the subject of an application for amendment that affects the basis of the opposition;

- in the event of an application for invalidation, revocation, claim of ownership or assignment, pursuant to Article L. 712-6-1 of the Intellectual Property Code, of the trademark or one of the trademarks on which the opposition is based, in whole or in part; 

- in the event of an action against the name or company name, the domain name, the trade name or the sign on which the opposition is based, in whole or in part.

The suspension may still take place at the joint request of the parties, or at the initiative of the INPI pending additional information that may have an impact on its judgment or the situation of the parties (Art. R. 712-17, 4° and 5° IP Code). The modalities for resuming the procedure are specified in Article R. 712-19 of the Intellectual Property Code. In particular, when the opposition procedure is based on an application for registration of a first trademark, the publication of the registration of this trademark ends the suspension of the time limit .

The opposition procedure is closed (Art. R. 712-18 IP Code):

- when the opponent has withdrawn the opposition or has lost its standing to bring the proceedings;

- when the opposition has become moot either as a result of an agreement between the parties or of the cessation of the effects of the application for registration against which the opposition was filed;

- when the effects of all prior rights have ceased;

- when, after suspension of the opposition procedure in the cases provided for in 2° and 3° of Article R. 712-17 of the Intellectual Property Code, the opponent has not responded, within the period set by the INPI, to the latter's request to inform it of the outcome of the procedures.

The parties are notified immediately of the judgment to close the proceedings.

Cass. com. 14 February 2006, LawLex202200000050JBJ.

Industrial Property Law

81. Suspension or closure of procedure

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81. Suspension or closure of procedure

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise