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Monaco's Trademark Objection System
Time: 2025-10-24 Click count: 921

Monaco

Trademark opposition system

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Monaco

Trademark opposition acceptance agency

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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

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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

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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)

objection to a trademark

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Monaco

Trademark opposition process

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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

objection to a trademark

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Monaco

Trademark opposition period

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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)

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