Trademarks Law in French Polynesia (France)
Certainly! Here’s an overview of trademark law applicable in French Polynesia, an overseas collectivity of France:
Trademark Law in French Polynesia (France)
1. Legal Status
French Polynesia is an overseas collectivity (Collectivité d'outre-mer) of France with a special autonomous status.
While some local laws apply, intellectual property law—including trademarks—is governed primarily by French national law.
French Polynesia is not part of the European Union, so EU trademarks do not apply there.
2. Trademark Protection Framework
Trademarks in French Polynesia are protected under the French Intellectual Property Code.
Since French Polynesia is outside the EU, EU trademarks (EUTM) do not automatically extend protection there.
Protection is provided through:
National French trademarks registered via the Institut National de la Propriété Industrielle (INPI)
Or through separate French Polynesian trademark registration under local legislation
3. Local Trademark Law
French Polynesia has its own trademark system regulated by the Code de la propriété intellectuelle de la Polynésie française, which largely mirrors French national trademark law but operates independently.
The local authority in charge of intellectual property is the Service de la Propriété Industrielle under the Direction des Affaires Économiques.
4. Registration Process
Trademarks can be registered directly in French Polynesia through local offices.
The application undergoes examination, publication, and opposition processes similar to French national procedures.
Alternatively, trademark holders may register with INPI in France for protection in metropolitan France (but this does not extend to French Polynesia).
5. Duration and Renewal
Registered trademarks in French Polynesia are protected for 10 years from the date of filing.
Renewals are possible indefinitely for consecutive 10-year periods.
6. Rights and Enforcement
Trademark owners have exclusive rights to use the mark within French Polynesia.
Enforcement of trademark rights is carried out by local courts and administrative authorities.
Remedies include injunctions, damages, and destruction of infringing goods.
7. International Treaties
French Polynesia is not a member of the EU or the Madrid Protocol independently.
International protection can be achieved via:
French national registrations (for France proper)
Separate filings in French Polynesia
Regional treaties, if applicable (limited)
Summary
French Polynesia has its own trademark registration system, separate from metropolitan France and the EU.
Trademark protection requires local registration in French Polynesia.
French trademarks and EU trademarks do not automatically cover French Polynesia.
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