In a decision dated January 28, 2026 (no. 24-14.760), the French Supreme Court has overturned the approach previously taken by the lower courts regarding the limitation regime applicable to trademark invalidity actions following the reform introduced by the PACTE Law.
Article L.716-2-6 of the French Intellectual Property Code, introduced by the PACTE Law and in force since May 24, 2019, provides that applications for a declaration of invalidity relating to trademarks in force on that date are not subject to any limitation period. Prior to the reform, such actions were governed by the ordinary five-year limitation period under Article 2224 of the Civil Code.
Until now, French courts had held that this absence of a limitation period applied only where the five-year period had not already expired when the PACTE Law entered into force. On that basis, invalidity actions remained inadmissible if time-barred under the former regime, as notably held by the Paris Court of Appeal on March 15, 2024 (no. 21/21118).
The Supreme Court has now ruled otherwise and held that the absence of any limitation period applies to all trademarks in force on May 24, 2019, including where the time limit for bringing an invalidity action had already expired under prior law.
As a result, any invalidity action directed against a trademark in force on May 24, 2019, is no longer time-barred, subject only to res judicata and the statutory exceptions set out in Articles L.716-2-7 (five-year limitation period from the registration date for well-known marks) and L.716-2-8 (acquiescence) of the Intellectual Property Code.
Decision may be read here.
