Yes. This jurisdiction mandates owners to register their trademarks in order to establish rights. The first-to-file rule applies in France.
It can be accessed at this web address: www.inpi.fr
This jurisdiction does not mandate applicants to actually use the mark or have intention to use the mark before they apply for registration.
Yes. These are the grounds for opposition:
- A similar mark was applied for in an earlier date
- The mark is strikingly similar-looking to a famous mark
- The mark has graphical indication
- The mark is hostile to a territory’s reputation and name
The following parties can oppose a trademark from being registered:
- Owners of a similar mark that was registered at an earlier date
- A licensee of the registered mark
- Owners of products that obtain advantages from its indication of origin
Yes. Third-parties can make an appeal to cancel a registered mark. Grounds for cancellation include:
- Marks that are descriptive, generic, functional, misleading or non-distinctive
- Marks that consist of geographical indication and protected flags, badge, emblem or armorial bearings
- Marks that are applied for or registered in bad faith
- Marks that are prohibited in this jurisdiction including marks that contradict principles of morality and marks that go against public order
- Marks that are proven to infringe other rights
- Violation of user requirements under Section VIII.A
Yes. Owners of a registered mark in France establish the following rights:
- Exclusive right to use and profit from the mark
- Right to oppose any conflicting application and appeal for its cancellation
- Right to request for revocation of any conflicting registration
- Right to file an infringement case against parties that use the mark without permission or use a confusingly similar mark
- Right to receive damages for infringement
- Right to issue license to other businesses so they can use the mark
- Right to appeal for the confiscation of fake goods from customs authorities
The opposition period starts on the publication date of the application and ends two months after that date.
Yes. France is a signatory of the Madrid Protocol and the Madrid Agreement.
No, these are not required.