Trademarks Law in Martinique (France)
Sure! Here’s a summary of Trademark Law in Martinique, which is an overseas region of France:
🇲🇶 Trademark Law in Martinique (France)
Legal Framework
Martinique is an overseas department and region of France, so French intellectual property laws apply fully.
Trademarks in Martinique are governed by the French Intellectual Property Code (Code de la propriété intellectuelle).
Additionally, as Martinique is part of the European Union, European Union Trademark (EUTM) law also applies.
Registration Authorities
National trademarks are registered through the National Institute of Industrial Property (INPI - Institut National de la Propriété Industrielle), which covers mainland France and all overseas regions including Martinique.
European Union Trademarks (EUTMs) are registered through the European Union Intellectual Property Office (EUIPO), valid in Martinique as part of the EU.
Key Points:
1. Definition of a Trademark
A trademark protects any sign capable of distinguishing goods or services of one enterprise from those of others.
This includes words, logos, slogans, shapes, colors, sounds, and more.
2. Registration Process
Applications are filed with INPI for protection in Martinique (and France generally).
Must specify the class of goods/services under the Nice Classification.
The process involves:
Formal examination
Substantive examination for distinctiveness and compliance
Publication for opposition
Registration lasts for 10 years, renewable indefinitely.
3. Rights Conferred
Exclusive right to use the trademark in Martinique and France.
Right to prevent unauthorized use or infringement.
Right to license, assign, or enforce the trademark.
4. Grounds for Refusal
Lack of distinctiveness or descriptiveness.
Conflicts with earlier trademarks.
Marks contrary to public order or morality.
5. Infringement and Enforcement
Trademark infringement is actionable in French courts.
Remedies include injunctions, damages, seizure/destruction of infringing goods.
Customs enforcement applies to counterfeit goods entering Martinique.
6. International Protection
France is a member of:
Paris Convention
Madrid Protocol (facilitates international trademark registrations designating France)
TRIPS Agreement
EUTM covers Martinique as part of the EU territory, so a single EU trademark registration covers Martinique.
Practical Considerations:
Because Martinique is fully integrated in French and EU IP law, trademark protection is seamless with France and other EU members.
Businesses often choose to register either nationally via INPI or via the EUTM system for broader European coverage including Martinique.
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