Industrial Property Law

The guarantee mark is subject to the ordinary legal grounds for forfeiture set forth in Articles L. 714-5 and L. 714-6 of the Intellectual Property Code. In addition to the grounds for forfeiture under ordinary law, the proprietor's rights to a guarantee mark  will lapse (Art. L. 715-5 CPI) in the following cases:

- if the conditions of ownership of Article L. 715-2 of the Intellectual Property Code are no longer met,

- if reasonable measures are not taken to prevent use of the mark that is not compatible with the rules of use,

- if the mark has become, as a result of its use by authorized persons, likely to induce the public into error within the meaning of the second paragraph of Article L. 715-4 of the Intellectual Property Code and,

- if an amendment to the rules of use has rendered them non-compliant with the conditions set forth in Articles L. 715-1 and L. 715-2 of the Intellectual Property Code or contrary to public policy.

141. Lapse of trademark