The use of a sign does not give any trademark right (02-2000) The facts The English Company WIGGINS TEAPE Ltd, is titular of the word mark "CONQUEROR" as well as of the complex mark composed by the word "CONQUEROR" and by the representation of a knight, in a warlike position, brandishing a lance, to designate paper-trade goods. It sued for infringement the French Company PAPETERIE HAMELIN which used and filed the complex marks composed by the words "CONQUERANT" or "SUPER CONQUERANT" and by the stylized representation of a knight, in a warlike position, brandishing a standard. The different signs are used since 1900's. In 1968, the Company PAPETERIE HAMELIN filed its mark, but it forgot to renew it in 1978, thus loosing all industrial property rights on the sign "CONQUERANT". The complex mark "CONQUEROR" was filed in 1982.  The mark "CONQUERANT" was filed again in 1985. The Court of First Instance of Paris (April 17, 1996) and the Court of Appeal of Paris (July 2, 1999) have judged : * the filing in 1982 of the mark "CONQUEROR" is not fraudulent because 4 years have passed between the non-renewal of the mark "CONQUERANT" and this filing ; and * the use of the signs "CONQUERANT" does not give any industrial property right to the Company PAPETERIE HAMELIN. The marks "CONQUERANT" and "SUPER CONQUERANT" constituted an infringement by imitation of the marks "CONQUEROR".  The use of these marks is forbidden (under a fine of 500 FFR per infraction). Taking into account the ancientness and the exploitation extensiveness, the Court of Appeal gave one year to the Company PAPETERIE HAMELIN before the interdiction measure takes effect. Appeal Court of Paris, July 2, 1999