Trademarks Law in New Caledonia (France)
Trademark law in New Caledonia (a special collectivity of France) is governed by French intellectual property law, as New Caledonia falls under the jurisdiction of France for industrial property matters. However, specific procedures may apply locally.
📜 Legal Framework
French Intellectual Property Code (Code de la propriété intellectuelle) applies, including trademark provisions.
Trademark registrations for New Caledonia are handled through the Institut National de la Propriété Industrielle (INPI), the French National Industrial Property Institute.
New Caledonia is part of the Paris Convention and the Madrid Protocol through France.
📄 Trademark Registration Process
Application Submission:
Applications can be filed directly with the INPI for protection in New Caledonia.
Alternatively, trademarks registered with the European Union Intellectual Property Office (EUIPO) or the Benelux Office do not extend automatically to New Caledonia, as it is not part of the EU or Benelux.
Applications should specify New Caledonia as the territorial scope or file a separate national application.
Requirements:
Clear representation of the trademark.
List of goods and/or services classified according to the Nice Classification.
Applicant details.
Examination:
INPI examines applications for compliance with formal requirements and absolute grounds of refusal.
The process includes a search for conflicts with existing trademarks.
Publication & Opposition:
Accepted trademarks are published in the Bulletin Officiel de la Propriété Industrielle (BOPI).
Third parties have 2 months from publication to file an opposition.
Registration & Certificate:
If no opposition or opposition is rejected, the trademark is registered, and a certificate is issued.
⏳ Duration and Renewal
Trademarks are registered for 10 years from the filing date.
They may be renewed indefinitely for successive 10-year periods.
Renewal applications must be submitted before the expiry date, with a grace period available for late renewal (usually 6 months with additional fees).
⚖️ Use Requirement and Cancellation
Trademarks can be cancelled if not genuinely used for 5 consecutive years.
Non-use can be a ground for cancellation requests by third parties.
🌍 International Treaties
New Caledonia benefits from international treaties France is party to, including:
Paris Convention
Madrid Protocol
TRIPS Agreement
✅ Summary
Trademark protection in New Caledonia is governed by French law, with registration handled through INPI.
Protection is territorial; EU or Benelux trademarks do not automatically cover New Caledonia.
Standard French trademark rules apply, including a 10-year registration term, renewable indefinitely.
Opposition period after publication is 2 months.
Non-use cancellation applies after 5 years of non-use.
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