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If the infringement action is only possible after the trademark registration
Droit Immobilier

If the infringement action is only possible after the trademark registration

📅 Decision of 15 August 2026⚖️ Cour de cassation👁️ 32 views📖 1 min read

If the infringement action is only possible after the trademark registration, a certificate of that registration issued after the summons has no effect on the validity of that action.

Reference decision: cc • N° 76-12.300 • 1978-01-09 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

If the infringement action is only possible after the trademark registration, a certificate of that registration issued after the summons has no effect on the validity of that action.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal time limits for appeals.
  • Keep all your supporting documents (title deeds, deeds, correspondence).
  • Anticipate: preventive advice always costs less than litigation.

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 76-12.300
  • Court: Cour de cassation

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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