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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p>An action to establish ownership of a trade mark does not pursue the same objectives as an application for a declaration of invalidity of the registration of that trade mark and does not constitute a claim that is ancillary to, a consequence of, or a necessary complement to an application for a declaration of invalidity of a trade mark.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p>A claim to establish ownership of a trade mark must therefore be declared inadmissible as a new claim on appeal where the lower courts were seized only of an application for a declaration of invalidity of the registration of that trade mark.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>3.</ItemNumber> <ItemContent> <p>Pursuant to Art. 124(III) of Law No. 2019-486 of 22 May 2019, known as the “Pacte Law”, and Art. L. 716-2-6 of the Intellectual Property Code, subject to Arts. L. 716-2-7 and L. 716-2-8 of the same Code, any action or application for a declaration of invalidity of a trade mark that was in force on 24 May 2019, the date on which the Pacte Law came into force, is not subject to any limitation period, except in the case of decisions having the force of <i>res judicata</i>.</p> </ItemContent> </ListItem> </OrderedList></p><p>[…]</p>

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“Pacte Law”

  • 期刊论文

  • 发表日期：

    2026年8月4日

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摘要

1.

An action to establish ownership of a trade mark does not pursue the same objectives as an application for a declaration of invalidity of the registration of that trade mark and does not constitute a claim that is ancillary to, a consequence of, or a necessary complement to an application for a declaration of invalidity of a trade mark.

2.

A claim to establish ownership of a trade mark must therefore be declared inadmissible as a new claim on appeal where the lower courts were seized only of an application for a declaration of invalidity of the registration of that trade mark.

 3.

Pursuant to Art. 124(III) of Law No. 2019-486 of 22 May 2019, known as the “Pacte Law”, and Art. L. 716-2-6 of the Intellectual Property Code, subject to Arts. L. 716-2-7 and L. 716-2-8 of the same Code, any action or application for a declaration of invalidity of a trade mark that was in force on 24 May 2019, the date on which the Pacte Law came into force, is not subject to any limitation period, except in the case of decisions having the force of res judicata.

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