We will take care of everything that is necessary for the professional preparation of the trademark registration in France, submission of the trademark application in France and send the trademark certificate to you. There are two common ways for U.S. trademark applicants to register abroad: the Madrid Protocol and the Community Trademark system. If you only trade in one EU country, you will only need protection in that country. An application for renewal may also be filed within an additional six-month period, upon payment of additional fees. However, such search includes neither prior company names nor any analysis of the similarity between the goods or services of the earlier identical marks and the goods or services for which registration is sought.
Post – Registration: It is mandatory to use the registered trademark in France continuously and effectively during 5 yrs. Otherwise, the seizure shall be annulled at the request of the alleged infringer.Prior to an infringement action, the rights holder can also request an injunction in order to prevent an imminent infringement or any further infringement, by means of summary proceedings. In case of foreign priority, the applicant shall provide INPI with an official copy of the prior application (with a translation) and proof of the right to claim priority within three months of filing the application in France.If INPI considers an application admissible, it will be published in the INPI examines all applications to determine whether:However, INPI does not conduct any search for prior rights during the examination process.If an application is considered unfit for registration, INPI will issue an objection, with a deadline for the applicant either to amend the application or to reply to INPI’s objection (one month for formal shortcomings and two months for substantive shortcomings).In the absence of a response by the deadline or if INPI rejects the applicant’s changes, a final refusal of registration will be issued. If third parties are able to prove non-use or lack of use without proper justification by the applicant, it may result in the revocation or forfeiture of the mark. INPI issues the renewal documents about two to three months after the renewal.A cancellation action based on absolute grounds may be brought by any interested party or the public prosecutor, whereas relative grounds may be invoked only by the owner of an earlier right (or its licensee). The Institut National de la Propriété Industrielle (INPI) is the EBR member for France.
French trademarks are governed mainly by Law 1991-7, which implements the EU First Trademarks Directive (89/104/EEC) and is codified in the IP Code.
Hence, we are able to offer the following services: Start by or dering a search report with Attorney's analysis about registration probabilities. The rights holder may sue those that unlawfully use its mark on the ground of trademark infringement or unfair competition.According to case law, the French courts have jurisdiction over infringements on websites that are intended for French consumers (depending on the language, the currency or the measurement units used on the website).Law 2004-575, which implements the EU E-commerce Directive (2000/31), establishes liability regimes applicable to internet access providers (IAPs), hosting service providers (HSPs) and website editors in case of an illegal act on the Internet, including trademark infringements.Article 6.I.2 of Law 2004-575 defines ‘HSP’ as the natural or legal person who, for the provision to the public through online public communication services, stores signals, writings, images, sounds or messages of any kind.By virtue of Article 6, IAPs and HSPs have no general obligation to monitor the information that they transmit or store, or actively to seek illegal activities. Consequently, it is recommended to call on French trademark professionals to conduct such a search and analysis.The same is true of searches for prior similar marks, as the assessment of the similarity between prior marks and the applied-for mark must be made with reference to French case law and practice.Applications for registration should be filed before INPI together with proof of payment of the filing fees. Thus, subject matter may be protected as a trademark, by copyright or as a design if it satisfies the requirements for such protection.Under French law, unauthorised use of a trademark on the Internet also constitutes trademark infringement. This website uses cookies. The IP Code gives examples of such signs, including:A sign that has no distinctive character or that is descriptive or generic may not be protected as a trademark.The distinctive nature of the sign shall be assessed at the time of the application in relation to the goods or services for which registration is sought.The following signs, for instance, have no distinctive character:Distinctive character may be acquired by use, except when the sign is of the kind described in the last bullet point above.The following may not be adopted as a mark or an element of a mark:A sign may not be adopted as a trademark where it infringes prior rights, particularly:In addition, since an application for a mark that is identical or similar to a prior registered mark is considered to be trademark infringement in France, a prior rights search should be carried out before filing a trademark application.Prior trademark searches usually concern either identical marks/company names or similar marks.
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