02/11/2021
Reversal of the French Court of Cassation’s case law: the application for registration of a trademark cannot be qualified as an act of infringement
In two decisions handed down on October 13, 2021, the French Court of Cassation ruled that, in the absence of any commencement of commercialization, the act of filing does not constitute an act of use for goods and services and does not undermine the trademark's function of guaranteeing identity of origin.
If these conditions, which are necessary to characterize an act of counterfeit, are not met, the application for registration of a trademark, as well as its registration, cannot therefore be incriminated on this basis.
The Court of Cassation thus makes a long-awaited reversal of its previous case law, in order to comply with the interpretation of the Court of Justice of the European Union.
Com. 13 oct. 2021, FS+B, n° 19-20.504
