Trade Marks and Copyright 2026

INTRODUCTION  Contributed by: Dale Cendali, Joshua Simmons and Jeremy King, Kirkland & Ellis LLP

classes with vague language for goods and services. This strategy, which was popular until recently, now entails increased risk as trade mark examiners are issuing more frequent partial revocations under L.714- 5 of the French Intellectual Property Code. In 2025, the French Supreme Court held in decisions Nos. 23-21.296 and 23-21.866 that products registered in broad classes are subject to partial revocation where a subcategory is more appropriate, finding taxi services too specific to occupy the entire “transport” category, and textiles impregnated with active substances to specific to cover the entire “cosmetics” category. The French courts and trade mark office are, on the whole, emphasising need to avoid “theoretical” protection. ***

Overall, there is a trend across the globe towards allowing trade mark offices to act with authority to swiftly carry out their missions of protecting the public from consumer confusion and promoting efficient reg - isters. Practitioners should be aware of the changing landscape, both in artificial intelligence and in trade mark office policies, and should adjust their strategic guidance accordingly.

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