Consequences of the revocation of a trade mark for lack of genuine use: interpretation of the Directive 2008/95/EC

Happy to share the French Supreme Court’s (Cour de Cassation) decision of November 4th, rendered following the Cour of Justice decision of March 26 this year in the case C-622/18 regarding the right of the trade mark proprietor to plead infringement of his or her exclusive rights during the period preceding the date on which the revocation took effect. The Supreme Court reversed and cancel all the provisions of the decision rendered by the Paris Court of Appel on September 13, 2016 against our client.