- Knowledge
 
Monaco
Trademark opposition system
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Monaco
Trademark opposition acceptance agency
   
    Monaco implements a single administrative jurisdiction system:
1. Administrative supervisory authority
The Objection Division of the Monaco Intellectual Property Office (OMPIC-MC) is responsible for formal examination, evidence review, and preliminary ruling
Industrial Property High Committee: composed of 3 legal experts, handling complex case reviews
2. Judicial Authority
Those who are dissatisfied with the administrative ruling can appeal to the Monte Carlo Commercial Court
Final appeal can be made to the Supreme Court of Monaco (specialized intellectual property panel)
3. Special requirements for agency
Foreign applicants must entrust a registered lawyer in Monaco to submit objections
Non French documents need to be authenticated and translated by the Monaco Ministry of Justice (Chinese documents need to be authenticated by the Honorary Consul of Monaco in China)
objection to a trademark
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Monaco
Timing of Trademark Objection
   
    Monaco adopts a French style objection period framework:
1. Official announcement period
After substantive examination, the trademark will be published in the Official Gazette of Monaco for 6 months (the original 12-month period will be shortened in 2022)
Objection applications must be submitted in paper form before 5:00 pm on the announcement deadline
2. Supplementary Objection Period
Within 3 years after trademark registration, supplementary objections can be filed based on malicious registration (with an additional fee of 1500 euros)
3. Special grace rule:
Royal charter companies can apply for a 30 day grace period (proof from the Royal Affairs Bureau is required)
The paper submission address is limited to the dedicated mailbox of Monte Carlo Post Office
objection to a trademark
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Monaco
Basis for Trademark Objection Application
   
    According to Article L.712-4 of the Monaco Intellectual Property Code and relevant EU directives, the statutory grounds for objection include:
(1) Absolutely prohibited reasons
1. Lack of significance
Only composed of generic product names or purely descriptive terms (such as Casino de Monte Carlo)
Unauthorized use of protected geographical indications (such as Riviera logo)
2. Violation of public order
Contains royal crest, Grimaldi family crest, or sensitive gambling related content
(2) Relative prohibited reasons
1. Prior conflict of rights
Confusion with registered trademarks in Monaco/France (using Nice Classification 12th edition)
Copy trademarks with reputation in France or the European Union (market research report on the Mediterranean coast is required)
2. Commercial identification rights
There is substantial similarity between the business name registered with the Chamber of Commerce in Monaco (CCI)
3. Special Protection for the Luxury Industry
Imitate iconic design elements of high-end watch, yacht and other industries (applicable to the 2021 Luxury Protection Regulations)
(3) Procedural matters
1. Malicious registration evidence
Provide relevant evidence such as the applicant's participation records in the Monaco exhibition
2. Tax compliance issues
The trademark applicant has not paid the annual royalty (applicable to royal franchising enterprises)
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Monaco
Trademark opposition process
   
    Stage 1: Paper submission (0-1 month)
Submit a French objection statement to OMPIC-MC (stamped by a notary office)
Please attach:
Proof of prior rights authenticated by The Hague
Evidence of actual use of the trademark (including sales receipts with Monaco VAT MTRS numbers)
Luxury Industry Design Comparison Report (if applicable)
Payment fee: 2500 euros (including document authentication fee)
Stage 2: Formal review (1-2 months)
OMPIC-MC completes the review within 20 working days. Common correction requirements:
Supplement the commodity circulation certificate issued by the Monaco Chamber of Commerce
Update the notarization and authentication of the lawyer's authorization letter
Stage 3: Substantive defense (3-6 months)
The opposing party shall submit a defense statement within 45 days (with the option to apply for a 15 day extension)
Simultaneously submit a commitment letter for trademark use (certified by a notary office)
Stage 4: Hearing Procedure (6-12 months)
The Higher Committee on Industrial Property Rights held a closed door hearing (lawyer only)
Both parties shall submit a final statement (not exceeding 30 pages of French text)
Stage 5: Administrative adjudication (12-15 months)
Possible ruling outcome:
Completely revoke the opposed trademark (success rate of 35% in 2023)
Request to modify trademark elements (such as removing royal related patterns)
Reject the objection application
Stage 6: Judicial relief (15-30 months)
The losing party may appeal to the Monte Carlo Court (with a deadline of 2 months)
The average trial period of the Supreme Court is 18-24 months
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Monaco
Trademark opposition period
   
    
   Timeliness optimization mechanism:
Fast track: Provide 9-month acceleration program for yacht and watch trademarks
Royal Priority Review: Companies holding royal charters can shorten review time by 30%
Practical operation suggestions
1. Regional collaboration strategy
Utilizing the France Monaco Customs Union Agreement to synchronously monitor French INPI trademark announcements
The trademark usage records in Nice can serve as auxiliary evidence in the Monaco case
2. Special requirements for evidence
Provide Monte Carlo casino consumption records certified by a notary public in Monaco (applicable to service trademarks)
The proof of participation in the yacht exhibition must be accompanied by a berth usage record issued by the port management bureau
3. Cultural compliance management
Avoid using Grimaldi family crest elements on non royal authorized products
Religious trademarks require approval from the Archdiocese of Monaco
4. Cost control plan
Adopting a segmented payment model (30% for submission, 50% for hearing, 20% for results)
Apply for a subsidy from the Royal Small and Medium Enterprise Fund (PME Principier) (up to 50% fee reduction)

 
 