According to Articles 6 bis of the Paris Convention and L. 714-4 of the French Intellectual Property Code : a mark which has become well-known on the national territory is protected even if it has not been the object of a filing.
Such a protection is extended because the famousness of the mark is taken into account for appreciating the similarity of the signs in case of infringement and the similarity of the goods and/or services (L. 713-5) (it is said that the mark exerts an attraction which goes beyond the mere function of identification of the products).
The well-known mark is defined as being known by a substantial proportion of the public and as immediately alluding the product /service to which it applies.
The public to be taken into account is not restricted to the only people liable to buy the product but consists in the population as a whole.
For instance, a luxury article advertised in the press for women will be known even by people who are not customers for this article.
Conversely, a mark known only of a specialized public will not be considered as a well-known mark.
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