The sale of perfumes and cosmetics on second-hand platforms (such as Vinted or Etsy) does not constitute genuine use of the trade mark under which these products are sold. A trademark claim has been revoked on the grounds of non-use, as the proprietor of that trademark remained passive in response to an offer for sale, failing to demonstrate either its involvement in or authorisation of these sales, or the economic benefit it would have derived from them.
A French company is the proprietor of a semi-figurative trade mark registered in 1999 for numerous goods falling within Classes 3, 14, 18 and 25 (perfumes and cosmetics, jewellery, leather goods, clothing and accessories). A Singaporean company has applied for the revocation of this trade mark on the grounds of lack of genuine use.
Genuine use of the trade mark is assessed, in particular, in the light of its use on second-hand platforms such as Vinted or Etsy.
The Paris Court of Appeal, hearing an appeal for reversal, upheld the decision of the INPI, which had found that the trade mark was indeed liable to revocation.
Key takeaways from the Court of Appeal’s judgment
➡️ Only the use of the trade mark in the course of trade and in its function of guaranteeing the origin of the goods and services for which it is registered, with a view to creating, developing or consolidating its market share in the relevant economic sector, shall be regarded as genuine.
➡️ Such use must therefore be sufficient, and not merely symbolic or intended solely to maintain the rights conferred by the trade mark. The genuine nature of the use of …
