Estados Unidos de América

Francia

Marcas de fábrica o de comercio

[Follow-up question from the United States] Where a registered trademark is used on the identical goods for which it is registered by someone other than the registrant or its licensee, will the French courts impose a presumption of confusion that must be overcome by the user?

In accordance with the Intellectual Property Code, two cases must be distinguished: (1)According to Article L 713-2, where an identical mark is used on identical goods, no risk of confusion is required in order to prohibit such use. Thus there is no need to establish a presumption of confusion. (2)On the other hand, according to Article L 713-3, where a similar mark is used on identical goods, it is for the holder of the right in the mark to prove risk of confusion.