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trademark law
The current trademark regulations in France are mainly based on the Intellectual Property Code No. 92-597 of July 1, 1992. The French Industrial Property Office is responsible for managing trademark affairs and the official language is French. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. French trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed through "prior use".
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Registered types
At present, the French Industrial Property Office adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in France include: text, names, letters, numbers, graphics, badges, colors, three-dimensional shapes, sounds, smells, etc.
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Prohibited registration situations
1. The usual name of a certain product. For example, cookies produced by a certain company cannot use the word "cookie" as its trademark. Because cookies are the usual name for this product and cannot be monopolized by a single company. Similarly, "TV" cannot be used as a trademark for a certain television set;
2. Names that mislead or deceive consumers cannot be used as trademarks. For example, a certain cosmetic product is called a "plant-based skincare cream", but in fact, the ingredients of the product do not contain natural plants, only chemical substances; In this case, the Trademark Office will refuse to accept the name as a registered trademark;
3. Names or graphics must not offend public morality or blaspheme religious beliefs;
4. In international conventions on trademark protection, it is explicitly stipulated that the national flag and emblem of any sovereign country, as well as the flags and emblems of international organizations, cannot be used as trademark graphics. For example, the "Five Rings Flag" of the International Olympic Committee cannot be used as a trademark for certain sportswear. -
Duration
The French trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
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Revocation system
1. Violation of the provisions of the Intellectual Property Code (lack of distinctiveness, violation of public order or social morality, etc.);
2. Infringement of prior rights (including prior registered trademarks, well-known trademarks, company names or enterprise names, protected names of origin, copyrights, protected industrial design rights, personal rights of third parties, names, images or reputations of local administrative units, etc.);
3. Without justifiable reasons, the trademark has not been actually used on the goods or services specified at the time of registration for five consecutive years;
4. Becoming the common name for the product or service in business;
5. Misunderstanding, especially in terms of the nature, quality, or geographical origin of goods or services. -
Participating countries' treaties and organizations
France is a party to international intellectual property treaties such as the TRIPS Agreement, Geneva Conventions, Paris Convention, Nice Agreement, and Convention Establishing the World Intellectual Property Organization. It is also a member of the Madrid Agreement and Madrid Protocol, and a member of the European Union.
1. Single country registration: Trademarks registered in France through a single country application can be protected in Corsica and the following French territories: Guadeloupe, Martinique, French Guiana, Reunion Island, Mayotte, New Caledonia, Saint Barth é lemy, French Saint Martin, Saint Pierre and Miquelon, Wallis and Futuna Islands, French Southern Hemisphere, and Antarctic Territory.
2. EU registration
3. Madrid International Registration
Before submitting a French trademark registration application, it is recommended to first check for identical or similar trademarks, which can improve the efficiency and success rate of registration;
After confirming through trademark search that there are no identical or similar trademarks, the trademark applicant may entrust an agent to submit a trademark registration application to the French Patent and Trademark Office and enter the examination process
After receiving an application, the French Patent and Trademark Office will conduct a formal examination of the applied trademark, including the legality of the application documents, trademark drawings, power of attorney and other documents. If the review is approved, the application date and application number will be granted;
France implements a dual examination system, which requires substantive examination after formal examination. The content of substantive examination includes whether there are identical or similar trademarks, whether there is a violation of relevant trademark laws, etc. If the examination fails, the examiner will notify the applicant in writing and provide reasons. The applicant may submit a re examination within the prescribed time, otherwise, the application will be deemed abandoned, and the application date and application number will not be retained
If the trademark passes the substantive examination, the French Patent and Trademark Office will publish a notice of the trademark in the official French trademark announcement for a period of 3 months (during this announcement period, others can raise objections, and once the trademark is opposed by others, the applicant can defend it);
If there are no objections during the announcement period, or if there are objections but the applicant's defense is successful, the French Patent and Trademark Office will approve the registration and issue a registration certificate. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 6-8 months.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in France must entrust a specialized agent in that country to handle the matter.
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5. If priority is declared, proof of priority must be provided.
