Sylvie Benoliel-Claux, a lawyer at the Paris Bar, analyses for CosmeticOBS legal cases of interest to the cosmetics industry, focusing on trademark and intellectual property law. In this case, a company lost its trademark for failing to justify its serious use for cosmetics and perfumes. Remember: a registered trademark must be used: if it is not, a third party can have it revoked. Proof of use must be carefully preserved.
France Excellence had owned the “Parfums Lanselle” trademark since 2012, registered for soaps, perfumes and cosmetics (class 3).
At the request of a third party, the INPI declared the total revocation of the trademark for lack of serious use over the reference period (2017-2022).
France Excellence appealed against this decision, arguing on appeal that the marketing of perfumes was imminent, but had been delayed for “just reasons” (within the meaning of art. L.714-5 CPI).
The Versailles Court of Appeal disagreed, dismissing her appeal for the following reasons.
➡️ The documents produced (attestations, invoices for the purchase of old bottles, photos of products, historical documents, etc.) reflect a relaunch project, but are not sufficient to establish serious use of the trademark.
The Court reiterated that only actual use, accessible to the public, can prevent revocation.
➡️ The promotional acts invoked (presentation of bottles in a private museum, participation in promotional trade fairs, posting of a website) do not demonstrate the existence of actual marketing.
No figures or proof of marketing have been provided.
➡️ Three “just reasons” for non-use were invoked by France Excellence:
• the nature of the product requiring lengthy development (bottle design, creation …
