what did the french trademark lawyer

What is a saisie-contrefaçon?

However, infringement seizure (" saisie-contrefaçon ") can constitute a powerful tool for gathering evidence of infringement prior to launching proceedings on the merits. It allows the trademark owner, through ex-parte proceedings, to be authorized by a judge to have a bailiff enter at any time into the infringer's premises – without prior notice – in order to find evidence of the infringement. The bailiff writes a report detailing the infringing products. The bailiff can also buy samples and take pictures and copies of all relevant documents such as orders and invoices. The bailiff's report is used to prove the existence of the infringement and its extent. Thus, the number of infringing products is often the basis on which damages are calculated.

Is there a common law trademark in France?

There is no such thing as a common law trademark in France. Unlike the U.S. trademark system, within which trademark rights may exist on trademarks that are not registered, under French and EU law, trademarks are protected only upon registration with the Trademark Office. Except in very specific and limited cases, the mere use of a trademark does not create rights.

Is trademark infringement a criminal offence in France?

In France, trademark infringements constitute both a civil tort and a criminal offence. Therefore, trademark infringement lawsuits may be examined by Criminal or Civil Courts. Most of the time, the trademark owner chooses the civil route. The main difference is that good faith is a valid defense before a criminal court but it is no defense before a civil court.

Can a trademark be revoked?

However, the trademark may be revoked for lack of use by the District Court, at the request of any party with an interest, if the trademark owner cannot prove genuine use for the goods or services for which the mark is registered within a period of five years following registration.