Trademarks Law in Mayotte (France)
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Trademarks Law in Mayotte
Legal Status of Mayotte
Mayotte is an overseas department and region of France. As such, it is fully integrated into the French legal system, including intellectual property laws.
Applicable Law
French Intellectual Property Code (Code de la propriété intellectuelle) governs trademarks in Mayotte.
EU regulations and directives also apply because Mayotte is part of the European Union as an outermost region.
Key Features of Trademark Law in Mayotte
Trademark Definition
As per French law, a trademark is any sign that can be represented graphically and distinguishes the goods or services of one company from another.
Registration Authority
The Institut National de la Propriété Industrielle (INPI) in mainland France handles all trademark registrations for Mayotte.
The registration covers the whole of France, including all overseas departments like Mayotte.
Registration Process
Apply through INPI with details of the mark and the goods/services classification (Nice Classification).
Application examined for distinctiveness and conflicts.
If accepted, the trademark is published for opposition.
Duration
Trademark protection lasts 10 years from the filing date and is renewable indefinitely for successive 10-year periods.
Rights Conferred
Exclusive right to use the trademark in commerce within France and its territories, including Mayotte.
Right to prevent unauthorized use or imitation of the mark.
Infringement and Enforcement
Remedies include injunctions, damages, and seizure of counterfeit goods.
French courts have jurisdiction over trademark disputes.
Customs authorities enforce anti-counterfeiting measures.
International Protection
Mayotte benefits from EU trademarks registered through the European Union Intellectual Property Office (EUIPO).
Also covered under international treaties France is party to, such as the Paris Convention and the Madrid Protocol.
Summary
Trademark law in Mayotte is identical to that of mainland France and subject to French and EU law. Registration and enforcement are handled through French institutions, ensuring comprehensive protection aligned with European standards.
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