Right evidence for the right sign

On September 19, 2007, the Paris Court of First Instance considered that the reputation of the trademark ACCOR had not been demonstrated.
The evidence brought before the judge showed an extensive use of the sign but only in relation to its owner and not for designating products or services run under the mark. The situation of the ACCORD trademark is not isolated.
Trademark Reputation is to be handled with care especially when it comes to evidencing it. The French judge applies a strict policy on this point (but still less strict than the OHIM policy). Using only as company name a sign registered as trademark is also detrimental for avoiding a cancellation action for trademark non-use and possibly positively raise trademark reputation.

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