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Trademarks / Designs

PATRIMOINE 24: First trademark cancelled by the INPI due to bad faith

[26/05/2021] Pursuant to the PACTE Law, actions for invalidity may now be brought directly before the INPI.

It is in this context that on 12 March 2021, the INPI declared for the first time the invalidity of a trademark for filing in bad faith.

In this case, the INPI considered that the holder of the contested mark was well aware, on the day of filing of its Patrimoine 24 mark, of the prior use of the PATRIMOINE24 sign by GROUPE FICADE for similar services.

Indeed, the same had sent, the day before the filing of the contested mark, a formal notice to its owner in which he mentioned that he was aware of the imminent launch of an information website called patrimoine24 in the same sector of activity.

The Office considered that the owner of the contested mark had acted knowingly and in bad faith with the intention of depriving GROUPE FICADE of a sign necessary to its activity.

There is no doubt that many other actions of the kind will be brought before the INPI.

Our staff would be happy to assist you in your steps and proceedings.

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