English
The average time frame for the registration approval is 4 months, if no objections or oppositions arise.
The territorial limits of a registered mark in France are: Metropolitan France, Martinique, Corsica, Guadeloupe, Saint-Barthelemy, French part of Saint-Martin, Reunion, French Guyana, New Caledonia, French Antarctic Territories, Wallis and Futuna, Mayotte and Saint-Pierre et Miquelon. The protection of mark does not extend to French Polynesia.
No power of attorney is required.
There is no benefit from pre-filing use of the trademark. However, famous trademarks are protected in this jurisdiction even if these are not registered. To prove that your mark is famous will be extremely difficult.
Registered marks that are not being used by owners are vulnerable to cancellation when interested parties take their appeal in courts.
Any sign that can be graphically reproduced and can set apart the good/service from its counterparts can be registered:
- Names
- Words
- 3-dimensional shapes
- Devices
- Slogans
- Colours
- Trade dress
- Sounds
- Holograms
The order of the trademark application procedure in France is as follows:
- Examination – In this phase, the application will be examined if the applicant complied with all of the requirements. Compliance with regards to formality, descriptiveness, classification, distinctiveness and deceptiveness will be checked.
- Publication – The particulars of the application will be made available to the public especially to third-parties that are interested to oppose. Publication of details will be on print and online.
- Registration – After the prosecution and oppositions have been settled, registration will finally be issued.
The following signs are prohibited from being registered:
- Marks that go against public order and principles of moral
- Common terms that have broad meaning
- Marks that do not display distinct characteristics
- Marks that function primarily as names of a geographic location
- Marks that use protected flags/names/symbols of international organization, states and nations
Yes. Nice Classification system is being used in France.
Yes. France is a member of the European Union Trade Mark. Hence, Community Trademark registration system is effective in this jurisdiction.
Yes. It is possible to claim the filing date in your home country as the filing date in France provided that you meet the following pre-requisites:
- Your home country is a member of the Paris Convention or World Trade Organization
- The filing date in your home country is within 6 months from your application date in France
You have to use your trademark within 5 years of last use, meaning there should be no 5-year gap between each use. You must use it for commercial or selling purposes and the transaction must occur in the jurisdiction of France.
A trademark’s validity of term is effective for 10 years which is computed from the date the application was filed.
Renewal date is computed 10 years from the date of filing the application.
Yes. You may legally use your trademark even if it’s not registered yet.
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.
Succeeding renewals should be done every 10 years from the date the registration was renewed.
Renewal date is computed 10 years from the date of filing the application.
No. Documentation is not needed for renewals.
When a trademark expires, the owner is given a grace period of 6 months to renew the mark with additional penalty fees.