Trademark Registration in France

France Trademark Registration – How to Register and its Benefits

Why do you need a Trademark Registration in France?

For obtaining trademark protection in France, you can do trademark registration in France in two ways: You can request for registration in the whole of European Union by applying for one single application. You can do this via the European Union Trademark that offers trademark protection in about 28 member countries of the EU. Another option is to apply for register for your trademark directly in France

A trademark attorney will usually process a trademark registration in France by undertaking the following steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in France, it is important to assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your particular trademark registration in France and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Will I have any right after having a registered trademark in France?

Yes. This jurisdiction commands owners for registering their trademarks so as to establish rights. The first-to-file rule usually applies in France.

Can someone oppose a Trademark Application?

Yes, it can be opposed on the basis of the following:
  • A similar trademark has been applied on an earlier date
  • The trademark is very similar-looking to some famous trademark
  • The trademark carries a graphical indication
  • The trademark is hostile to some territory’s reputation or name

If I get trademark registration in France, will any rights get established?

Yes, the following rights get established by registration:
  • Exclusive right for usage and profit from the trademark
  • Right to oppose any similar trademark and request for its cancellation
  • Right for revocation request of any conflicting registration
  • Right to file for an infringement case against anyone using the trademark without prior permission
  • Right to get damages for infringement
  • Right to allot license to other businesses to use the trademark
  • Right to appeal to confiscate fake goods from customs authorities

Is France a member of the Madrid System?

Yes. France is a member of the Madrid Protocol and the Madrid Agreement.

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 4 months, provided no objections or oppositions happen.

If I register my trademark in France, do I have protection in other territories?

The territory in which a registered mark in France applies includes: Metropolitan France, Corsica, Martinique, Guadeloupe, French part of Saint-Martin, Reunion, Saint-Barthelemy, French Guyana, French Polynesia, French Antarctic Territories, New Caledonia, Wallis and Futuna, and Mayotte and Saint-Pierre et Miquelon. However, this protection does not apply to French Polynesia.

What are the various kinds of trademarks permitted to be registered in France?

Any sign that can be graphically shown and can set apart the product or service from its competitors can be registered:
  • Names
  • Words
  • Three-dimensional shapes
  • Devices
  • Slogans
  • Colours
  • Trade dress
  • Sounds
  • Holograms

Which kind of trademarks are not registrable?

  • Trademarks that are against public order or principles of morality
  • Common terms that carry a broad meaning
  • Trademarks that do not display unique characteristics
  • Trademarks that operate primarily as names of some geographic location
  • Trademarks that use protected names/flags/symbols of some international organization, states or nations

Post the trademark registration in France, for how many years is it valid?

The initial term of a trademark registration is 10 years (calculated from the application date).

When will I have to renew my trademark?

Subsequent renewals last for 10 years starting from the registration renewal date.

What would be the renewal date for a trademark?

The first renewal date of a trademark registration in France is 10 years counted from the date of application filing

What documentation is needed while renewing a trademark?

No documentation is needed for renewals.

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 12 months.

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