Trademarks Law in Saint Pierre and Miquelon (France)
Certainly! Here’s an overview of Trademark Law in Saint Pierre and Miquelon (France):
Trademark Law in Saint Pierre and Miquelon (French overseas collectivity)
Legal Framework
Saint Pierre and Miquelon is a French overseas collectivity; therefore, French national trademark law applies.
Trademark protection is governed by the French Intellectual Property Code (Code de la propriété intellectuelle).
The competent authority for trademark registration is the Institut National de la Propriété Industrielle (INPI), based in mainland France.
Trademarks registered in France (national trademarks) automatically cover Saint Pierre and Miquelon.
European Union Trademark (EUTM) does not apply here because Saint Pierre and Miquelon is not part of the EU customs territory.
Key Features
1. What Can Be Registered?
Signs capable of distinguishing goods or services, including:
Words, letters, numerals
Logos, designs, and symbols
Shapes, colors, sounds (in some cases)
2. Types of Trademarks
National trademarks registered through INPI
Collective marks
Certification marks
3. Registration Process
Applications are filed with INPI.
Examination includes:
Formality check
Substantive examination for registrability and distinctiveness
Accepted applications are published in the BOPI (Official Bulletin of Industrial Property).
Opposition period: 2 months from publication.
If no opposition or opposition is unsuccessful, the trademark is registered.
4. Duration and Renewal
Registration is valid for 10 years from the filing date.
Renewable indefinitely for 10-year terms.
Renewal must be requested before expiry; a grace period applies.
5. Rights Conferred
Exclusive rights to use the trademark within Saint Pierre and Miquelon as part of French territory.
Rights to prevent unauthorized use or infringement.
Rights to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Civil remedies include injunctions, damages, and destruction of infringing goods.
Criminal penalties apply for counterfeiting.
Enforcement actions are pursued through French courts.
Customs authorities provide border protection.
7. International Treaties
France is a party to:
Paris Convention
Madrid Protocol
TRIPS Agreement
Saint Pierre and Miquelon benefits from French participation in these treaties.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | French Intellectual Property Code |
| Registration Authority | INPI (Institut National de la Propriété Industrielle) |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, Madrid Protocol, TRIPS |
| Enforcement | Civil/criminal remedies; customs enforcement |
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