Asking for a provisional prohibition according to the French Trademark Law (Art. L. 716-6)
07.10.1999
In the infringement action proceeding, according to Article L. 716-6 of the French Trademark Law, one may ask for a "provisional prohibition against the continuation of the allegedly infringing acts, subject to a daily fine".
This prohibition is admissible only :- if the owner of the mark did institute proceeding within a short time after the knowledge of the infringement facts ; and- if the case appears well-founded.However, one has to institute not too early...The Supreme Court has passed legally binding judgment in the case which opposed the Société Nationale Maritime Corse Méditerranée (SNCM) to the society Corsica Ferries France regarding the mark NGV (for "high speed ships") to designate ships.In this case, the SNCM asked for a provisional prohibition on the base of a mark application, after the end of the opposition period (2 months from the publication) and the end of the period for the INPI to notify irregularities (4 months from the filing date).The mark was going to be automatically registered. The registration certificate was not yet delivered, but it was just a formality...The Supreme Court is categorical : only the owner of a registered mark can act, and he has "to have the power to prove the registration of his mark".
