Industrial Property Law

If the INPI's director general finds the opposition admissible, the examination phase detailed in Article R. 712-16-1 of the Intellectual Property Code begins. The examination phase is subject to the observance of the adversarial principle, according to which each party must be given the opportunity to debate the arguments, explanations and documents put forward or produced by the opposing party ( …

Examination of the application

If the INPI's director general finds the opposition admissible, the examination phase detailed in Article R. 712-16-1 of the Intellectual Property Code begins. The examination phase is subject to the observance of the adversarial principle, according to which each party must be given the opportunity to debate the arguments, explanations and documents put forward or produced by the opposing party (Article R. 712-16 IP Code).

The applicant is notified of the opposition to the application for registration. He has two months to submit written observations in response to the opposition and to provide any relevant documentation. As part of those observations, he may call on the opponent to produce evidence that its earlier mark has been put to genuine use within the meaning of Article L. 714-5 of the Intellectual Property Code, for each of the goods or services cited in support of the opposition . Once the written observations of the applicant have been received, the opponent has one month to submit written observations in reply, as well as, if necessary, any relevant documents to establish genuine use of the earlier trademark or a valid reason for non-use. The applicant has one month to respond to these observations. The opponent and the applicant may make a final exchange of observations within one month each. Within the context of the submission of written observations, the parties may ask to present oral statements or be invited to do so by the director general of the INPI. The applicant may, at any time during the procedure, abandon one or more of the rights he or she possessed in the trademark or limit the scope of the application to certain goods or services covered by the application.

Industrial Property Law

79. Examination of the application

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Les notions juridiques connexes

79. Examination of the application

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

Les notions juridiques connexes

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