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FRENCH TRADEMARK LAW INFORMATION
The different sorts of marks (Art. L. 711-1)
A mark is a sign capable of graphic representation. It may be constituted, for example, by denominations (real, created or distorted words, surnames, geographical names, letters, abbreviations...), by sounds (graphically represented by a staff or by a spectrum for example), by figurative signs (devices, holograms, logos...), by shapes (non functional part of a packaging...), by shades of color..
All signs cannot be filed (Art. L. 711-2, Art. L. 711-3)
A mark shall not describe the goods or services which it designates. It is impossible to appropriate signs which, for example :
- exclusively designate the good or service, in everyday or technical language,
- may serve to designate a feature of the product or service (the quality, the geographical origin, the purpose...).
It has to be noticed that the validity of a mark shall be contested ulteriorly by a third person, although it was registered, for example at a prosecution for infringement.
The mark shall not deceive the consummer neither, for example by suggesting a quality which the product does not have.
Filing a French Mark
Anteriorities research
During the French Office examination procedure, no anteriorities research is done. As the application of a mark in France is considered as an act of infringement, it is important to conduct a research before filing, at least within the registered marks.
Filing
The registration application has to contain the applicant identification, the mark, the product(s) and/or service(s) to which it applies, the fees payment justification and, when it occurs, the claim of a foreing application priority.
Application publication
The application is published in the BOPI (French Official Bulletin of Industrial Property) within 6 weeks of the filing date.
Examination
The French Office may ask to specify the designated products or to include a class which contains some of the designated products, without extending the application scope. The French Office may also refuse a sign for its lack of distinctivity.
In case of irregularities, the applicant has a time allowed by the French Office (generally one month) in order to regularize his application or to contest the observation.
Opposition
Within a 2-month period from the application publication, the owner of a prior mark can file an opposition against the mark application. This opposition is notified to the applicant which can reply by formulating observations (within a time period higher than 2 months allowed by the French Office) according to a procedure in which all parties shall be heard.
If the opposed trademark was filed more than 5 years ago, the applicant may ask in his first answer for use evidence, in order to establish if the opponent is liable to revocation of his rights (for non genuine use of his mark during an uninterrupted period of 5 years). In the absence of evidence, the opposition is rejected.
A decision draft is established by the French Office. It can be contested by both parties. In the absence of contestation, this draft becomes decision.
Registration
The mark registration is notified to the applicant and published in the BOPI. The trademark is registered for 10 years, from the filing date, and is renewable by 10-year periods.
Priority term
The owner of a mark disposes of a 6-month period from the filing date to extend his rights in a foreign country and to benefit of this first date if the French mark is a first application according to Article 4 of the Paris Convention.
See also: French trademark registration costs |
