COUNTRY : FRANCE
CAPITAL : PARIS
LANGUAGE : FRENCH
MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, BERNE CONVENTION, TRADEMARK LAW TREATY WIPO, PCT, OECD, G – 8, G-20,
The IP office of France is known as the National Institute of Industrial Property.
Protection to Trademarks is France:
1. National Registration - Direct Filing with National Trademark Office
Please refer our Treaties section on International protection under Madrid System and Community Trademark Registration.
Therefore, to obtain protection in France, there are three options from which the applicant can choose.
Also note that Trademarks are protected in the following Islands along with France when protection is sought through French Trademark office.
i. Wallis & Futuna
ii. New Caledonia
iii. French Polynesia
iv. Reunion Island
(i) Denominations of all forms such as words, combination of words, surnames, pseudonyms, letters, numerals, abbreviations, which are typical traditional marks.
(ii) Figurative signs such as devices, labels, seals, fabric borders & selvedges, reliefs, holograms, logos, synthesised images, shapes including those of the product or its packaging.
(i) Audible signs, including sounds & musical phrases, musical arrangements and combinations.
(ii) 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:
• Non-descriptiveness of the goods and / or services
• Not be a well known term in the line of business, trade channels of the applicant
Applicants should bear in mind that the following will not be registrable as Trademarks in France:
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.
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.
Filing is done with the Trademark office of France.
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
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.
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.
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.