FRANCE

• Kinds of Trademarks registrable in FRANCE

  • Conventional Marks:

    1. Denominations of all forms such as words, combination of words, surnames, pseudonyms, letters, numerals, abbreviations, which are typical traditional marks.
    2. Figurative signs such as devices, labels, seals, fabric borders & selvedges, reliefs, holograms, logos, synthesised images, shapes including those of the product or its packaging.

    Unconventional Marks:

    1. Audible signs, including sounds & musical phrases, musical arrangements and combinations.
    2. Scent marks or Fragrance marks are not expressly excluded.

    However, since such marks require graphical representation it could make them difficult to register under current practice

    Types of Marks registrable:

    1. Collective marks
    2. Certification marks
    3. Marks for non-commercial purposes
    4. Service marks
    5. Well Known marks
• Requisites for a Trademark to be registrable in FRANCE

  • Trademarks must contain the following essential requirements to be registrable in France:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in FRANCE

  • Applicants should bear in mind that the following will not be registrable as Trademarks in France:

    1. Signs or names which are common to the trade or industry.
    2. Generic trademarks.
    3. Trademarks which consist exclusively of the shape referring directly to the nature or function of the product or which adds or gives substantial value to the goods.
    4. Trademarks contrary to public policy or morality
    5. Deceptive Signs
    6. Protected appellation of origin
    7. Authors Rights
    8. Rights deriving from a protected Industrial Design
    9. The name, image or repute of a local departmental authority
    10. Personality rights of another person particularly his name, surname, pseudonym or likeness.

    TrademarkCopia through its associate Law Firms and Lawyers in France is at hand to help you with trademark registration and prosecution.

• Trademark Search in FRANCE

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the French Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in France.

• Trademark Filing in FRANCE

  • Filing is done with the Trademark office of France. Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.v  Power of Attorney (POA)
    5. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for for figurative mark)

    TRADEMARKCOPIA.COM  will assist you with the following:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in FRANCE

  • Once the trademark application is filed, it is examined and reviewed by the IP office regarding compliance with all the necessary requisites. The trademark application found to be compliant with all the statutory requirements proceeds to the next step.

• Trademark Publication & Opposition in FRANCE

  • Post examination of the trademark application, it is published for interested third parties to file their opposition.If the trademark application does not encounter any opposition, it proceeds for registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in France can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in FRANCE

  • The trademark application found to be complete and in compliance with all the necessary statutory requirements is registered and a Certificate of registration issued to the applicant.

    Trademark registration in France is valid for 10 years from the date of registration after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    1. Exclusively used by the owners of the registered trademarks.
    2. Transferred in whole or in part- Inherited
    3. Assigned and licensed.
    4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    5. Licensed to natural or legal persons
    6. Prevented from unauthorized usage by third parties
    7. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in FRANCE

  • Post – Registration: It is mandatory to use the registered trademark in France continuously and effectively during 5 yrs. following registration.

    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.

• Trademark Cost of Registration in FRANCE

  • Please write mail for the cost of registration of trademark in France or European Union to the mail address given below:

    contact@trademarkcopia.com