Estados Unidos de América

Francia

Marcas de fábrica o de comercio

3. Please explain whether a presumption of likelihood of confusion is provided in the French law in the determination of confusing similarity involving identical marks that are used on identical goods, as required by TRIPS Article 16.1. If so, please provide an indication of the basis for this presumption.

Pursuant to Article L 713-2 of the Intellectual Property Code, marks relating to a sign and goods identical to a previously registered mark without account being taken of the likelihood of confusion are cancelled by the courts or refused registration by the French authorities through opposition proceedings. There is therefore no need to provide for a presumption of confusion.