French Trademark Registration Rules

French Trademark Registration Rules

rench trade mark registration authorities 


 Competent authorities of France is a trademark of National Institute of Industrial Property


In addition to the Board with headquarters in Paris, but also Bordeaux, Lyon, Marseille, Nancy, Nice, Rennes, Strasbourg and other cities in seven large and medium-sized branch. Accepted

the registration of trade marks is the National Institute of Industrial Property and business all over

the court.

Thus, in France, registered trademarks,there are two ways: First, trade mark applicants to the

National Institute of Industrial Property (Paris headquarters or one of the above-mentioned seven sub-)registration; Second, the company's commercial court (TRIBUNAL DE COMMERCE ) registration. Both registration methods have the same legal effect. 

Use of the trademark can not be used as marker 

1, contrary to public order and public morality marker;

2, in violation of the "Paris Convention" the prohibition of the use of tags marking requirement;

3, on the goodsor services or the quality of the contents of that nature with a marker;

4, there is to deceive the public and of the marker. 

How to apply for trademark registration in France 

First, the application documents to be submitted

1, an application;

2, a trademark of drawings, specifications for the 4 X 4 CM to 10 X 10 CM;

3, the application fee; 

Second, the French trade mark registration procedures 

French National Industrial Property of receipt of application forms for registration of the trademark will be reviewed to determine whether or not to grant them registration.

The focus of the review of the following three aspects: 

1, marks the legitimacy of states: national industrial property after receipt of the application period of 4 months to review whether the trade mark contrary to the relevant provisions of the trademark text and graphics suitability as a trademark. 

2, to review the legality of trade marks: National Industrial Property Office trademark applications are received within 6 weeks after the application is released, all that has been registered trademark of the company the same or similar objection can be made.

OPPOSITIONAL'ENREGISTIEMENT,Its procedures to the National Industrial Property

Office to fill in a "No registry" (OPPOSITIONAL'ENREGISTIEMENT), detailed description of

the grounds and in accordance with their own. 

3,filled out the application form is correct: If the National Institute of Industrial Property considers that the trademark application does not comply with the above two criteria will be refused to ratify the trade mark.

COUR D'APPELIf a trademark application by the National Industrial Property Office dismissed the applicant to the Court of Appeal (COUR D'APPEL) appeal, requires the State Board for a rehearing of Industrial Property. 

4, the French trademark registration: such as the National Industrial Property Office approved the

registration of a trademark application, the applicant will be issued a "trade mark registration number" and "trademark registration" and the public.

Trademarks of the date of entry into force of the national Industrial Property Office or the Commercial Court of the application, whichever is received.

If a registered trademark of the ultimate access to the approval of the effective date of its trademark for the home from the Industrial Property Office or the Commercial Court of the beginning of receipt of an application.

 5, the French trademark protection: the protection of the French trademark for 10 years. After the expiration of six months can be renewed. 

Note: the French Parliament in December 1991 through the base of a revised version of trademark protection, prosecution of trademark infringement provisions of the law for the 5-year statute of limitations, meaning that if a legally registered trade mark the entry into force of 5 years, other companies can no longer be the trademarks and trademarks of its own similar to the prosecution of its infringement on the grounds.

Objection to the application trade mark

Trademark objection is "Trademark Law" and in fact, clearly defined rules on the preliminary examination open for public comment a trademark proceedings with the aim of a just, open to the public the right to a trademark does to improve the quality of the review of the Trade Marks Registry.

Trademark objection covers a wide range of content, including both a preliminary approval to apply for a trademark with the earlier identical or similar trademarks, including the initial validation of the trademarks in violation of the "Trademark Law" provisions of the disabled or trademarks are not significant, but also including the applicant do not have the applicant's eligibility.

Objection to a trademark can be any person, that is: not only can be registered trademarks, and trademarks can also be a non-registered person can be both enterprises and institutions, as well as individuals, both corporate and non-corporate.

Trademark for a preliminary objection to the approval of the trademark from the date of notice within three months of the date of application trademark objection to and Trademark Office, please book the date on which pieces. Objection period is the last day of holidays, holidays may be postponed to the first working day of receipt of application.

Trademarks of objection shall be sent to "object to the book trade mark", in objection to the book trade mark to be objection to the applicant, commodity groups, trade marks the date of notice published in the first instance, notice period and the first instance to complete its clear.

Conversely, when someone else registered trademarks of their objection, the objection can be made in the period to reply.



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