Industrial Property Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Administrative and professional organization
Title 1: Introduction
Title 2: Elements of a trademark
Chapter 1: Registration
Chapter 2: Opposition
I: Standing
2°: Infringement of pre-existing rights
B: Proof of fraud
III: Breach of a legal or contractual obligation
IV: Statute of limitations
Section 2: Limits to the claim
Section 3: Effects
Title 4: Rights conferred by the trademark
Title 5: Exploitation and transfer of the trademark
Title 6: Collective and guarantee marks
Title 7: Protection of the mark
Title 8: Loss of trademark rights
Title 9: Geographical indications
Part 3: Patents
Part 4: Designs
85. Mark necessary for the activity
1 minute de lecture
A registration made with the aim of depriving a third party of a mark necessary for his business activity or of hindering the exploitation of his mark is fraudulent. Such an application constitutes a circumvention of trademark law, since its purpose is not to use the mark to distinguish goods or services that the applicant could market, but to oppose the registered mark against the owner of pre- …
