French trademark registration

French trademark registration
The French trademark authority is the National Agency for Industrial Property (INTI: INSTITUT NATIONAL DE LAPROPRIETE INEUSTRIELLE). In addition to its headquarters in Paris, there are seven sub-bureaus in large and medium cities such as Bordeaux, Lyon, Marseille, Nancy, Nice, Rennes, Strasbourg. The departments that are registered with the trademark are the State Industrial Property Office and the commercial courts around the country. Therefore, there are two ways to register a trademark in France: one is the trademark applicant to the National Industrial Property Office (Paris headquarters or one of the seven branch) registration; the second is to the company where the commercial court (TRIBUNAL DE COMMERCE) registration The These two kinds of registration methods have the same legal effect.

Can not be used as a mark for trademark use

1, in violation of public order and public moral mark;
2, a violation of the provisions of the Paris Convention on the requirement to disable the marking;
3, with the contents of the goods or services or quality with a description of the nature of the mark;
4, there are signs of deceiving the public.

How to apply for a French trademark

First, the application documents to be submitted
1, a copy of the application;
2, a trademark design, specifications for the 4 X 4 CM to 10 X 10 CM;
3, the application fee;

Second, the French trademark registration process

French National Industrial Property will review the mark after receiving the trademark registration application form to decide whether to approve its registration.
Focus on the following three aspects:

1, the legitimacy of the provisions of the trademark: the national industrial property rights after receiving the application of a four-month period to review the trademark is contrary to the relevant provisions of the trademark text and graphics are suitable for the trademark.

2, the legitimacy of the trademark review: State Industrial Property Office received the trademark application within 6 weeks after the application announced, all that have registered the same or similar trademark companies can raise objections. The procedure is to go to the State Industrial Property Office to fill out a "against the registry" (OPPOSITIONAL‘ENREGISTIEMENT), a detailed description of their own reasons and basis.

3, the application form to fill in the correct: the State Industrial Property Office if the application that the trademark does not meet the above two standards, will refuse to approve the trademark. If a trademark application is rejected by the State Industrial Property Office, the applicant filed a complaint with the Court of Appeal (COUR D‘APPEL) requesting the State Industrial Property Office to reopen the case.

4, the French trademark registration certificate: If the State Industrial Property Office approved a trademark registration application, will be issued to the applicant a "trademark registration number" and "trademark registration certificate", and announced. The date of entry into force of the mark shall be subject to the application received by the State Industrial Property Office or the Commercial Court. If a trademark is finally approved for registration,
The effective date of the trademark shall be calculated from the application for the receipt of the application by the Industrial Property Office or the Commercial Court.

5, the French trademark protection period: French trademark protection period of 10 years. Expired within six months after the renewal.

Note: In December 1991, the French Parliament passed a revision of the trademark protection, which stipulated that the legal action for trademark infringement would be five years, that is to say, if a trademark is valid for 5 years after the legal registration takes effect, the other company can no longer Trademark and its own trademark similar to the prosecution of its infringement.
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