{"id":1767,"date":"2017-06-06T08:00:41","date_gmt":"2017-06-06T08:00:41","guid":{"rendered":"http:\/\/depot-de-marque.com\/?page_id=1767"},"modified":"2020-12-03T06:04:32","modified_gmt":"2020-12-03T05:04:32","slug":"brand-degeneration","status":"publish","type":"page","link":"https:\/\/depot-de-marque.com\/en\/guide-marques\/degenerescence-de-marque\/","title":{"rendered":"Cancellation for degeneration"},"content":{"rendered":"

\"fridge<\/a><\/p>\n

Cancellation for degeneration<\/h1>\n

Alongside the action for revocation for non-use is the action for revocation for degeneration: this is one of the possibilities offered to the third party to make a trademark disappear after its registration.<\/p>\n

What is brand degeneration?<\/h2>\n

Introduced by the Law of January 4, 1991, the revocation for degeneration of trademark rights is similar to a popularization of the sign or name of the trademark. A victim of its success, its notoriety is then such that it becomes a word in common use, used indiscriminately by the public to designate the product or service it covers.<\/p>\n

The most telling examples are inevitably the best known: Frigidaire, Thermos, Text or Zipper, are all marks affected by degeneration through their use in everyday language. However, the primary function of a brand is to inform the consumer about its origin, a function that is not assumed in these hypotheses. This is why the Intellectual Property Code introduced the action in its Article L714-6, which provides that :<\/p>\n

\"The owner of a trademark that has become the owner's property shall be encouraged to revoke his rights:<\/p>\n

(a) The description customary in the trade of the product or service\".<\/p>\n

Two cumulative conditions must be met in order for the disqualification to be ordered by the judge:<\/p>\n