The Cour de cassation removes the uncertainty: the imprescriptibility of trademark nullity actions is retroactive

There is no statute of ^limitations1 on trademark invalidity actions or claims.

However, there was some uncertainty as to the application over time of this new imprescriptibility regime resulting from the Pacte ^Act2.

Indeed, no provision of the Pacte Act, or of its transposition ordinance, refers to or derogates from ordinary law, which lays down the principle of non-retroactivity of new ^legislation3.

This uncertainty has now been resolved with the ruling of January 28, 2026 by the Commercial Division of the Cour de cassation: the imprescriptibility of nullity actions applies retroactively, including to statutes of limitation already acquired, except in the case of decisions having the force of res judicata.

In this case, the owners and distributors of the “Napapijri” brand had taken action against the owners and operators of competing French brands, claiming infringement, unfair competition and nullity for fraudulent registration. The Paris Court of Appeal ruled that the nullity claims were inadmissible as time-barred, considering that the statute of limitations had already expired on the date the Pacte Act came into force on May 24, 2019. The Cour de cassation rejected this analysis and overturned the decision of the Court of Appeal on this point.

The Cour de cassation noted that article 124, III, of the Pacte Act is unambiguous and demonstrates the legislator’s intention to give retroactive effect to the new imprescriptibility regime provided for in article L.716-2-6 of the French Intellectual Property Code. It specifies that this imprescriptibility is general and applies to all titles in force at that date, including those against which nullity actions were previously time-barred. In other words, it is possible to bring an action for invalidation against a trademark in force on May 24, 2019, even if the statute of limitations had expired by that date, without the plaintiff being able to raise an objection based on the statute of limitations.

This ruling, eagerly awaited by practitioners, clarifies the application over time of the imprescriptibility of trademark nullity actions.

Its scope could extend beyond trademark law to include actions for invalidation of other industrial property titles (patents, designs, plant breeders’ rights), which are also not subject to any statute of limitations.

¹ : Article L.716-2-6 of the French Intellectual Property Code in its version in force since December 11, 2019

²: Law no. 2019-486 of May 22, 2019

³: Article 2222 of the Civil Code, paragraph ¹