Trademark law

Trademarks have the essential function of guaranteeing to consumers the identity of origin of products and services, and thus of distinguishing products and services from competitors in the same market. These distinctive signs are thus essential elements of the intangible assets of companies, which must be effectively protected.

The firm, which has a proven litigation practice before the specialized national and European courts, represents its clients both as plaintiff and defendant in legal proceedings for infringement, invalidity and revocation.

The firm intervenes and organizes evidentiary procedures in order to obtain proof of the infringement of its clients' rights (specific procedure of seizure for infringement, but also the organization of bailiff's reports).

It also assists and represents its clients in the context of the new administrative invalidity and revocation procedures before the National Institute of Industrial Property (INPI) and before the Courts of Appeal in the event of appeals against these decisions and those rendered in opposition matters.
It regularly assists customs authorities in the preparation, filing and renewal of customs declarations for the seizure of infringing products.

JP Karsenty assists its clients in the negotiation and drafting of license, assignment, coexistence agreements, etc.

JP Karsenty provides training in trademark law directly to its clients' lawyers or operational staff or by organizing seminars within the firm.

The firm's specialized attorneys participate in numerous conferences, seminars and lectures on current trademark law issues.

The firm advises and assists its clients in a wide variety of fields of activity, including the banking, retail, automotive, cosmetics, luxury goods and fashion industries, wines and spirits, and the food industry.

Ranking Décideurs magazine 2022 :

Trademark litigation - Excellent

Legal works in this area


  • Interventions in the context of pre-litigation by:

    – the drafting of advice on the validity of titles and on the chances of success and the possible risks of an action for infringement, nullity or lapse of trademarks,
    – organizing bailiff’s reports (purchase reports or internet reports),
    – the drafting of warning letters,
    – pre-litigation negotiations

  • Assistance in evidentiary and infringement proceedings (drafting and presentation of requests to be authorized to carry out an infringement seizure, assistance of the bailiff in preparing the infringement seizure operations, etc.)
  • Assistance and representation, both as plaintiff and defendant counsel, in first instance and on appeal, in litigation before national courts and offices (specialized judicial courts and INPI) and Community courts (EUIPO – TUE – CJUE), namely in actions for :
    – infringement, violation of the renowned trademark, and unfair and parasitic competition
    – Invalidity and revocation of trademarks before the specialized national courts as well as before the offices
  • Assistance and representation in emergency proceedings (summary injunction – provisional measures)
  • Negotiation and drafting of settlement agreements

Consultancy – Contractual

  • Negotiation and drafting of trademark transfer and licensing agreements
  • Negotiation and drafting of trademark co-ownership agreements
  • Drafting of regulations for the use of collective marks
  • Negotiation and drafting of trademark co-existence agreements
  • Definition of filing strategies (French, Community and international filings) and protection of trademark portfolios in partnership with industrial property attorneys
  • Intervention with customs authorities

Track records

  • Litigation for infringement and invalidity of collective trademarks in the banking sector and on the basis of parasitism
  • Litigation for trademark infringement and invalidity in the real estate sector with defense of a summary action for interim measures
  • Litigation for trademark infringement in the field of renowned trademarks in the luxury sector
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