Trademarks Law in Monaco
Here’s a detailed overview of trademark law in Monaco:
🇲🇨 Trademark Law in Monaco
🔹 Legal and Political Context
Monaco is a sovereign city-state but has a special relationship with France.
Monaco’s trademark system is closely integrated with the French system.
Monaco is not a member of the European Union, but benefits from trademark protection via:
French trademark registrations
International treaties through France
🔹 Governing Law
Monaco applies French trademark law under the French Intellectual Property Code (Code de la propriété intellectuelle) for trademark protection.
The Institut National de la Propriété Industrielle (INPI) in France handles trademark registrations that cover Monaco.
Monaco is also covered under the Madrid Protocol through France.
🔹 Trademark Registration
No separate trademark office exists in Monaco.
Trademark protection in Monaco is obtained by:
Registering the trademark with the French INPI, which covers Monaco.
Registering a European Union Trademark (EUTM) with the EUIPO (which covers Monaco de facto through France).
International registrations designating France also protect Monaco under the Madrid Protocol.
🔹 What Can Be Registered?
Same as under French law:
Words, logos, designs, colors, shapes
Sounds, 3D marks, holograms (if graphically representable)
Collective and certification marks
🔹 Duration and Renewal
Trademark registrations are valid for 10 years from the filing date.
Renewable indefinitely for successive 10-year periods.
🔹 Rights Granted
Exclusive rights to use the trademark in Monaco.
Right to prevent unauthorized use, counterfeiting, or imitation.
Rights to license, assign, or transfer.
🔹 Use Requirement and Cancellation
Non-use of the trademark for 5 consecutive years can lead to cancellation.
Use must be genuine and in commerce.
🔹 Enforcement
Enforcement of trademark rights in Monaco is done through local courts, but French trademark law principles apply.
Remedies include injunctions, damages, destruction of infringing goods.
Customs authorities may assist in preventing counterfeit goods.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member via France |
| Madrid Protocol | Member via France |
| TRIPS (WTO) | Member via France |
| European Union TM Reg. | Covered via France |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | French Intellectual Property Code |
| Authority | French INPI |
| Duration | 10 years, renewable |
| Registration | Through French INPI or EUIPO |
| Use requirement | 5 years’ non-use = cancellation possible |
| Enforcement | Monaco courts applying French law |
| International treaties | Paris, Madrid, TRIPS (via France) |
Key Point
To protect a trademark in Monaco, register it in France or as an EU trademark.
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