{"id":1567,"date":"2015-10-30T13:49:04","date_gmt":"2015-10-30T13:49:04","guid":{"rendered":"http:\/\/depot-de-marque.com\/?p=1567"},"modified":"2017-05-09T13:50:23","modified_gmt":"2017-05-09T13:50:23","slug":"death-due-to-degeneration","status":"publish","type":"post","link":"https:\/\/depot-de-marque.com\/en\/la-decheance-pour-degenerescence\/","title":{"rendered":"Cancellation for degeneration"},"content":{"rendered":"

There are several ways to do this\u00a0disappear<\/strong>\u00a0a mark against the will of its owner. In addition to thenullity suit<\/strong>there is theforfeiture action<\/strong>which can be requested for two reasons: the\u00a0degeneration<\/strong>\u00a0(subject of this sheet) and l\u2019non-use<\/strong><\/a>.<\/p>\n

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

The brand is degenerated when it becomes a victim of its success, i.e. it becomes a\u00a0household word<\/strong>\u00a0to designate the goods or services it was originally intended to cover:<\/p>\n

\n

The best known examples are the brands\u00a0fridge<\/strong>\u00a0and\u00a0pi\u00f1a colada\u00a0<\/strong>which have become common names for refrigerator and cocktail respectively.<\/em><\/p>\n<\/blockquote>\n

From a legal point of view, the worst thing that can happen to a trademark is to end up in the dictionary of common names, because that means that you officially associate that trademark with a definition.<\/p>\n

\n

Example of the\u00a0Larousse<\/a>\u00a0for the definition of the term shopping trolley, although there is a \"registered trademark\" mention at the beginning of the definition in order to avoid degeneration: \"small metal trolley used by customers in self-service shops or travellers in railway stations and airports\".<\/em><\/p>\n<\/blockquote>\n

What are the consequences of degeneration?<\/strong><\/h2>\n

Although every trademark owner wants to achieve such a reputation one day, it is absolutely necessary to prevent the trademark from degenerating. Why should this be avoided?<\/p>\n

    \n
  • \n

    because if an interested person acts out for degeneration,the right to the trademark will be lost<\/strong>\u00a0;<\/p>\n<\/li>\n

  • \n

    accordingly,\u00a0all the value attached to the brand<\/strong>\u00a0as an intangible asset will be lost. A very well-known brand is very expensive, but a brand that is too well known and becomes degenerate is no longer worth anything;<\/p>\n<\/li>\n

  • \n

    In addition, others can use your trademark without fear of infringement action from you:\u00a0you won't be able to defend that name<\/strong>\u00a0;<\/p>\n<\/li>\n

  • \n

    the public will no longer associate this brand with your company's products or services, and your communication actions will therefore be likely to benefit\u00a0all stakeholders<\/strong>\u00a0of your deal.<\/p>\n<\/li>\n<\/ul>\n

    How to avoid degeneration of your brand?<\/strong><\/h2>\n

    Simple prevention solutions:<\/h3>\n
      \n
    • \n

      if you sell products, specify\u00a0on the packaging<\/strong>\u00a0that the trade mark is registered, mentioning the full name of the proprietor ;<\/p>\n<\/li>\n

    • \n

      indicate\u00a0on your website<\/strong>You can indicate in the footer or on your legal notice that the trademark is registered, for example, by mentioning the full name of the owner;<\/p>\n<\/li>\n

    • \n

      when you refer to your brand in your communication, remember to put an\u00a0uppercase<\/strong>\u00a0to mark its importance;<\/p>\n<\/li>\n

    • \n

      you can even add a\u00a0\u2122<\/strong>\u00a0or a\u00a0\u24c7<\/strong>\u00a0just after your brand: even if these symbols have no legal value in France (they are Anglo-Saxon signs), they are known to the general public and allow you to highlight your brand as a right specific to your company;<\/p>\n<\/li>\n

    • \n

      you absolutely must avoid<\/strong>\u00a0to commit acts that go in the direction of degeneration, using your brand as a common name yourself. For example, if you register the BABLO trademark for coloured pencils, avoid talking about it by saying \"with a bablo, your drawings will be easier\". Always say \"with a Bablo pencil, your drawings will be easier\". The generic term is pencil, and the protected trademark is Bablo ;<\/p>\n<\/li>\n

    • \n

      overall, avoid using a\u00a0article<\/strong>\u00a0like \"the\" or \"one\" in front of your mark.<\/p>\n<\/li>\n<\/ul>\n

      The solutions to combat a risk of degeneration:<\/h3>\n
        \n
      • \n

        in a general way,\u00a0do not pass on any third party use<\/strong>\u00a0tending to the degeneration of your brand;<\/p>\n<\/li>\n

      • \n

        keep an eye on<\/strong>\u00a0use of your trademark on the Internet and in the media: systematically ask for a modification or an erratum if you notice that your trademark is used as a common name designating a product or service. Above all, keep copies of your letters and formal notices in order to prove your interventions;<\/p>\n<\/li>\n

      • \n

        if your trademark is used as a common name by a competitor,ask him to stop this use<\/strong>\u00a0and in case of refusal\u00a0attack it for infringement and\/or unfair competition<\/strong>\u00a0It is your inaction that will be sanctioned by degeneration if you do not try to prevent third parties from using your trademark as a common name;<\/p>\n<\/li>\n

      • \n

        if your brand is in the dictionary, do like the Caddie company andmake it clear that it is a registered trademark<\/strong>...it will limit the impact of this unfortunate event.<\/p>\n<\/li>\n<\/ul>\n

        Is the lapse automatic?<\/strong><\/h2>\n

        No, and fortunately! The forfeiture must be\u00a0court-ordered<\/strong>\u00a0by an interested third party, i.e. who has a good reason to do so. It is pronounced by the judge if the degeneration is proven, and if the defendant cannot show that he has fought it with all the necessary means. This is why it is imperative to build up a\u00a0solid case<\/strong>\u00a0including\u00a0all copies of letters, complaints, demands and possible subpoenas<\/strong>You may even have favorable court decisions to prove that you are fighting against the degeneration of your brand.<\/p>\n

        If you have never tried to prevent a significant use of your trademark as a common name, the lapse for degeneration is likely to be pronounced.<\/p>","protected":false},"excerpt":{"rendered":"

        Il existe plusieurs fa\u00e7ons de faire\u00a0dispara\u00eetre\u00a0une marque contre le gr\u00e9 de son propri\u00e9taire. Outre l\u2019action en nullit\u00e9, il existe l\u2019action en d\u00e9ch\u00e9ance, qui peut \u00eatre demand\u00e9e pour deux raisons : la\u00a0d\u00e9g\u00e9n\u00e9rescence\u00a0(objet de cette fiche) et l\u2019absence d\u2019usage. Qu\u2019est-ce que la d\u00e9g\u00e9n\u00e9rescence ? La marque est d\u00e9g\u00e9n\u00e9r\u00e9e lorsqu\u2019elle est victime de son succ\u00e8s, c\u2019est \u00e0 dire […]<\/p>\n","protected":false},"author":1,"featured_media":1568,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30],"tags":[],"class_list":["post-1567","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-fiches-pratiques","post-wrapper","thrv_wrapper"],"_links":{"self":[{"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/posts\/1567","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/comments?post=1567"}],"version-history":[{"count":0,"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/posts\/1567\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/media\/1568"}],"wp:attachment":[{"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/media?parent=1567"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/categories?post=1567"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/depot-de-marque.com\/en\/wp-json\/wp\/v2\/tags?post=1567"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}