| Action | First Instance | Second Instance |
| Counterclaims for revocation or for a declaration of invalidity | Each member State establishes a list of the courts which have jurisdiction, in the absence of such a list, the court is the one which would have jurisdiction for a national mark In France, the Tribunal de Grande Instance of Paris is the only to have jurisdiction (order 2002-216 of February 18, 2002) | Court of Appeal (conditions of appeal according to the national law) |
Infringement action and - if it is permitted under national law - actions in respect of threatened infringement |
Action for declaration of non-infringement, if it is permitted under national law |
In an infringement action, provisional and protective measures (if they are permitted under national law) (art. 99) | In France : the President of the First Instance Court to which the action for infringement is referred (summary jurisdiction) | Corresponding court of appeal |