Trademarks Law in France
Of course! Here’s a detailed overview of Trademark Law in France:
Trademark Law in France
Legal Framework
Trademark protection in France is governed by the French Intellectual Property Code (Code de la propriété intellectuelle), specifically Book 5 which deals with trademarks.
Trademark registrations and administration are handled by the Institut National de la Propriété Industrielle (INPI).
As a member of the European Union, France follows the EU Trademark Regulation (EUTMR) and relevant directives.
France is a party to international treaties such as the Paris Convention, Madrid Protocol, and TRIPS Agreement.
Key Features
1. What Can Be Registered?
Any sign capable of distinguishing the goods or services of one company from those of others, including:
Words, names, letters, numerals
Logos, designs, symbols
Three-dimensional shapes (e.g., product packaging)
Colors or combinations thereof (under certain conditions)
Sounds and motion marks (less common)
2. Types of Trademarks
National trademarks registered with INPI (valid in France).
European Union Trademarks (EUTM) valid across all EU member states.
International trademarks through the Madrid Protocol, designating France.
3. Registration Process
Application filed with INPI.
Formal examination and absolute grounds check (distinctiveness, descriptiveness).
Relative grounds examination for conflict with earlier marks.
Publication of the application for opposition (2 months).
If unopposed or opposition rejected, registration is granted.
4. Duration and Renewal
Trademark protection lasts 10 years from the filing date.
Renewable indefinitely for further 10-year periods.
Renewal must be requested before expiration (grace period with additional fee allowed).
5. Rights Conferred
Exclusive right to use the trademark in France for the designated goods/services.
Right to prevent unauthorized use or infringement.
Rights to license or assign the trademark.
Right to oppose confusingly similar marks.
6. Infringement and Enforcement
Civil remedies: injunctions, damages, destruction of infringing goods.
Criminal sanctions may apply for counterfeit goods.
Customs enforcement to block counterfeit goods at borders.
Enforcement actions can be initiated through French courts.
7. International Treaties and EU Law
France adheres to:
Paris Convention
Madrid Protocol
TRIPS Agreement
Nice Classification system for goods and services
Full compliance with EU Trademark Regulation (EUTMR).
Summary Table
| Feature | Description |
|---|---|
| Governing Law | French Intellectual Property Code |
| Registration Authority | Institut National de la Propriété Industrielle (INPI) |
| Protection Duration | 10 years, renewable |
| International Systems | EU Trademark, Madrid Protocol |
| Enforcement | Civil and criminal remedies; customs actions |
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