Introduction to France Trademark Registration System
Official Office for Trade Mark Registration
Institut National de la Propriété Industrielle (INPI)
Joined International Treaties for Trade Marks
Paris Convention; Madrid Agreement; Madrid Protocol; Trademark Law Treaty; Singapore Treaty
Principle on Trade Mark Protection
France adopts "first-to-file" for trademark protection, and the Intellectual Property Code of France protects merely the registered trademarks.
If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action.
For un-registered marks, if it has been applied for registration in bad-faith by someone else, and cause misleading, the original mark owner can raise opposition and/or revocation against the bad-faith application/registration, but without right to bring litigation.
Kinds of Registrable Trade Marks
In France, the term “trade mark” includes word mark, device mark, color mark, their combination, and non-conventional trademarks, such as smell mark, sound mark, color per se mark and shape (3D) mark.
In addition, there are special trademarks are enacted and protected, such as “collective certification mark”.
Required Information and Documents
1. Applicant’s name, address, nationality / company’s registered country;
2. Specimen of the mark to be applied;
3. List of goods/services to be applied, and the class(es);
4. Translation & transliteration of foreign language in the mark; and
5. Priority document, if any.
Timeframe and Procedure for Application
If an application goes smoothly, the whole registration procedure takes about 6-10 months.
A trademark application in France usually takes around 3-6 month for examination, if there is no any refusal, it will then publish for 2 months for opposition purpose. If no opposition is filed, a registration certificate will be issued within 1 month after the end of publication.
Duration and Renewal of Registration
A trade mark registration in France is valid for 10 years from the date of application, which can be renewed every 10 years, from 6 months before the renewal due date or up to 6 months after the date expires.
Cancellation System
If a registered trademark has not been actual used in France by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 5 years, and there are no valid reasons for non-use, any third party can apply for revocation to cancel/remove the registration.
Relevant Information
France Trademark Registration Costs and Procedures
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