FRANCE Trends and Developments Contributed by: Nathalie Dreyfus, Dreyfus & Associés
no longer be conceived as abstract protection discon - nected from actual use. It must be calibrated accord - ing to real markets and the evidence the company will be able to produce. The lessons from European Ferrari case law and from the French Court of Cassation’s decisions of 14 May 2025 show that genuine use must be demonstrated with increased rigour, even where the trade mark is unquestionably exploited. The risk lies not only in lack of use, but in the absence of evidence suited to the relevant sub-category. In practice, an effective filing strategy combines three dimensions:
• an intelligently structured specification; • anticipation of possible segmentation; and • proactive organisation of evidence.
This approach transforms the trade mark into a gen - uinely defensible and sustainable asset, serving the company’s growth and legal security.
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