Trademark registration France is quite similar to registering a trademark in any other European country. Because the structures are almost similar.
also, France is a member of the Protocol to Madrid. Thus, this country can expand the international registration of a trademark through the Madrid scheme. For additional information about our trademark filing services via Madrid.
OVERVIEW: Trademark Registration in France
France is a “first on file” authority, which means that in some cases. Trademark rights grants to the first person to install it, not the first person to use it.
To get trademark registration France, one can both file a local application or a European Union trademark. Local applications are submitted through the Institute National de la Propriété Industrielle (INPI). And are automatically granted protection in all parts of France. After the application has been submitted, INPI will publish it simultaneously and begin testing to see if the trademark is acceptable for registration. Also, INPI does not check for any similar or confusing trademarks or registered trademarks.
However, if a third party ultimately intends to register or use a trademark on the same goods or services that include a major or distinctive component or part of your trademark, you will have the right to object to the application based on confusing similarities. The chances of success for the opposition party will vary from case to case.
At the time of publication two months from the date of publication, third parties may file a dispute with each other based on a previous right (for example, a pre-registered trademark) or a recognition based on absolute reasons (for example, that the proposed mark only describes).
The trademark registration France for the first 10 years from the date of application, after which it can be renewed for a period of 10 years. An application for renewal is applicable from 6 months before the expiration date and up to six months after the expiration date. In the event that renewal files after the expiration date, additional costs will apply.
Who can apply for Trademark registration in France?
Any natural person or legal people, such as a civil or commercial corporation, an organization, the government (represented by one of its ministries), or a territorial collective, may file a trademark.
The applicant must have domicile or residency in France, in a Member State of the European Union or a Member State of the European Economic Region. He / She could, via a bilateral convention, also be a citizen of a Member State of the Paris Union, a Member State of the World Trade Organization, or a country similar to France.
Also, a trademark may be in the hands of a single a natural or legal person or, conversely, on the basis of co-ownership.
Trademark law in France
Signs used in the course of business can be covered by French trademark law. Special international laws are applicable for unregistered but well-known trademarks, unfair market law (trade names, company names, and domain names), geographical signs, and unique laws protecting public local bodies.
Trademark registration: Requirements
The application for a trademark must be lodged with the National Institute of Industrial Property (INPI). A power of attorney has not required if the applicant or the French Industrial Property Lawyer or the Attorney at Law submits the application. No domestic registration is expected of foreign applicants.
Filing application for Trademark Registration France
The standard language of the procedures before the INPI (National Institute of Industrial Property) is French. Also, to get the filing date, it is important to provide the INPI with the application for registration including:
- Information on the applicant
- Representation of the trademark
- List of goods and services
- Priority claim (if suitable)
- Proof of payment of the prescribed fees
A certified copy of the” Priority Document”. The interpretation thereof must submit within 3 months from the filing date.
It is not important to give the Power of Attorney if the applicant serves by an industrial property attorney. In other cases, the original non-legalized Power of Attorney must be submitted.
What can be registered as a trademark?
Ordinance No 2019-1169 of November 13, 2019, using Directive 2015/2436, recently eliminates the need for graphic representation in order to register as a trademark. The sign only needs to represent in the national trademark register (Section L.711-1 of the IPC).
Article R.711-1 of the IPC stipulates that a trademark must be properly registered in the national trademark register using the most commonly available technology, in a clear, straightforward, distinct, easily accessible, sound, durable, and purposeful manner.
Therefore, signs such as sound, multimedia, movement, and pattern can be registered as trademarks. However, tastes and smells can no longer be registered as trademarks due to the lack of proper representation.
Read in detail: What can be trademark?
Why should you register your trademark?
Article L. 713-1 of Intellectual Property Code “Trademark registration entitles the holder to a patent in addition to the trademark of selected goods and services“.
Registering your trademark allows you to protect your product from the risk of confusion with another competing product. Once a trademark is registered, the protection is valid for ten years from the date of filing and is renewed permanently.
The trademark owner owns the exclusive right of the product sold, has the right to oppose the use of the trademark individually, especially if there is a risk of confusion in the public mind. The Criminal Code prohibits the use of trademarks on the same goods and extends restrictions on the same products where there is a possibility of confusion.
The concept of “designated goods and services”, referred to in Article L.713-1, implies the fact that the trademark owner must accurately determine the goods and services to be used for the trademark. Indeed, when you register your trademark, only certain services protect, which will not prevent another company from using a trademark, such as yours, on another type of product or service.
The ABC company sells pens under the brand name “MNO”. The company DEF sells kitchen items under the same brand name “MNO”. ABC Company will not be able to dispute its right to use this mark because, when registering a trademark, the designated product is not the same as that of the DEF company, so there is no risk of confusion in the public mind.
Benefits of Trademark Registration France
Trademark registration France makes your goods protected from your rivals to conflict on another similar product.
Gives Exclusive right over your brand name
The trademark owner shall then have an exclusive right to the goods sold and shall have the right to object to the use of the sign by others. In particular where there is a possibility of misunderstanding in the public mind. The case law forbids the use of a trademark for the same goods and, where there is a possibility of confusion, extends the prohibition to similar products. The Trademark Search is important before registering a mark.
To make the brand available to the public
Indeed, you should first check that your trademark is not in use. In this case, the owner may challenge his right to choose, at any time, and may sue you for competition or inappropriate competition.
To ensure that your product is available, the INPI website provides a free search service. All you have to do is go to the “product availability or logo” section and see if there is a name similar to the one you have chosen for the same or the same job category, and similar or similar products or services.
The first essence of a product is the ability to stand out from the crowd, so to speak, seen by customers through your products. It is, therefore, necessary to make sure that your product does not look like one from a visual, auditory experience. A trademark variation is an absolute basis for its non-use, anyone can request these defaults and the trademark is terminated.
The mark must be lawful
This means social order and morality. This trademark is not to be infringed upon or discriminated against in any way, and you will not use your trademark, flag, or another American trademark.
Moreover, the mark should not be misleading or deceptive. Eg. The so-called “home” products, of industrial products.
Procedure for Trademark registration in France
Prepare your application for a mark according to the rules laid down in trademark law in France. Make sure that your trademark is a distinctive symbol, term, emblem, image, or another symbol that distinguishes other traders’ products and services.
|You fill in the online application form of Trademark registration in France. You must do a trademark search before registration. In this Trademakrcart can help you.|
|Then you must mention the important documents for the need for a trademark application proceeding to the INPI. You continue online registration of your trademark|
|Issuing a certificate which involves the application number and the date of application register.|
|Your trademark application issues by the Bulletin Officiel de la Propriété Industrielle (BOPI) on average six weeks after the date of the application.|
|There is a two-month deadline for someone else to oppose your trademark registration. In addition, the INPI investigates potential anomalies in your application. By reviewing the formal criteria (for example, the designation of goods and services). And the specific conditions (to verify that it is indeed a distinctive sign which is not forbidden or misleading).|
|You must apply a withdrawal of the whole of your application for registration (total withdrawal) or part of the goods and services (partial withdrawal) before the technical preparations for registration completes. The removal must demand by the title holders.|
|If you do not withdraw your application and if it has not been denied after an opposition or an irregularity. Also, your mark will be registered with the National Register. You can then receive a registration certificate guaranteeing the protection of your trademark within 10 years of the date of submission.|
Validity of Registered Trademark in France
Trademark registration in France is valid for 10 years and starts with the registration date. The registration is renewable for periods of 10 years.
Trademark registration application may receive an opposition
The previous business owner may file a complaint against the commercial application within two months. The applicant is notified of this objection. Also, may respond with a constructive view, as the procedure states that all parties must be heard. In the event that the opposing trademark is affixed longer than 5 years. The applicant may use his or her first response to determine whether the opponent is liable for the revocation of his or her rights.
If no evidence is shown, then the opposition party is rejected and the French Office makes an amended decision. If no dispute is made, the draft becomes a legal decision.
Renewal of Trademark registration France
Registered trademarks are renewed every 10 years, by notice. Upon renewal, the trademark owner will not change the mark or expand the list of goods or services. However, renewals can only apply to the portion of goods or services listed on the initial registration. Proof of use does not need to be renewed.
A renewal notice must submit to INPI within six months prior to the expiry of the registration period. An application for renewal can also be lodged within the additional six-month period, after which an additional fee has been paid. Renewal takes effect on the day following the expiration date of registration. INPI issues renewal documents approximately two to three months after renewal.
The bottom Line
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At Trademarkcart, our expert intellectual property team is here to assist you to protect your trademark at a European Countries, and international level according to the scope of your brand. Our personalized consultation services will guide you into the procedure step by step, ensuring your trademark registration and security are carried out with both security and comfort.
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