The Trademark in France is obtained through registration at the National Institute of Industrial Property (INPI) for French trademarks. A trademark will be registered with the European Union Intellectual Property Office for use throughout the Union (EUIPO). International trademark use is planned by the World Intellectual Property Organization (WIPO).
The Intellectual Property Code (IPC), a revised periodical, contains Book VII, which compiles the legislation governing trademarks in France. In addition, the French government agency has taken part in numerous international agreements concerning trademarks, the terms of which may be immediately implemented by French courts.
Trademark Registration Process
To register a trademark, you must contact the National Institute of Industrial Property (INPI). No power of attorney is required if the application is submitted directly by the applicant, through a French Industrial Property Counsel, or through an attorney at law. Foreign candidates are not required to register domestically.
In France, registering a trademark takes only a few simple steps and four to six months. Three stages make up the complete filing procedure leading up to the acquisition of a trademark: first, the pre-filing phase; second, the period from filing to publication; and third, trademark registration.
Although there is no search for prior trademarks, the application process does include a formal review and an examination of distinctiveness. 4-6 months pass between the first filing and registration. The trademark is published in the weekly “BOPI marques” following registration.
Period to Oppose
Trademarks are assessed for formal compliance, and the results of the substantive assessment determine a sign’s distinctiveness. There is no prior trademark search done. Applications are published six weeks after the date of filing. Two months after an application is published is the deadline for filing an opposition.
Validity Period
There is no official grant fee in France. In France, trademarks have a ten-year initial validity period that is extendable an unlimited number of times for additional ten-year periods. A request for renewal may be submitted within the twelve months that end on the day a trademark expires. During a grace period of six months, the payment may still be made, and renewal may be requested; a comparable surcharge is applicable.
Requirement of Use
If a trademark has not been used for a period of five years from the registration, it can be canceled on a third-party request filed with the French IP Institute.
Also, get in touch with us for Patent registration in France.