Industrial Property Law

Under Article L. 714-4 of the IP Code, a trademark proprietor may have his rights revoked if there is no genuine use of the mark for an uninterrupted period of five years (Art. L. 714-5 IP Code) or if the mark has become commonplace (Art. L. 714-6, a) IP Code) or misleading (Art. L. 714-6, b) IP Code). The Intellectual Property Code provides specific grounds for revocation for proprietors of guarantee marks (Art. L. 715-5 IP Code) or collective marks ( Art. L. 715-10 IP Code).

Trademark revocation proceedings are of general interest insofar as they are intended to prevent the appropriation of an intellectual asset that is not exploited for the particular interest of its owner, in particular when the latter seeks to prevent competitors from using or imitating the registered mark or to reserve it for future marketing.

186. Revocation of the trademark