French Trademark Registration

France

Brand identity is critical for success in your business. Firstly, you need to register a French trademark before enter to French because with a particular logo or trademark can make your business has a strong cognition for public in French. 

1. Trademark Search

During the French Office examination procedure, there is no interiorities research is done. As the application of a trademark in France is considered as an act of infringement, therefore it is important to conduct a trademark search before filing.

 

2. Filing

The registration application has to contain the applicant identification, the trademark, the product(s) and/or service(s) to which it applies and, when it occurs, the claim of a foreign application priority.

 

3. Application publication

The application is published in the BOPI (French Official Bulletin of Industrial Property) within about 6 to 7 weeks working days of the filing date.

 

4. Examination

The French Office may ask to specify the designated products or to include a class which contains some of the designated products, without extending the application scope. The BOPI (French Official Bulletin of Industrial Property) may also refuse a sign for its lack of distinctively.

In case of irregularities, the applicant has a time allowed by the BOPI (French Official Bulletin of Industrial Property) (generally one month) in order to regularize his application or to contest the observation.

 

5. Opposition

Within a 2-3 months period of working days from the application publication, the owner of a prior trademark can file an opposition against the trademark application. This opposition is notified to the applicant which can reply by formulating observations (within a time period higher than 2 months allowed by the French Office) according to a procedure in which all parties shall be heard.

 

If the opposed trademark was filed more than 5 years ago, the applicant may ask in his first answer for use evidence, in order to establish if the opponent is liable to revocation of his rights (for non-genuine use of his trademark during an uninterrupted period of 5 years). In the absence of evidence, the opposition is rejected.

 

A decision draft is established by the French Office. It can be contested by both parties. In the absence of contestation, this draft becomes decision.

 

6. Registration

The trademark registration is notified to the applicant and published in the BOPI. The trademark is registered for 10 years, from the filing date, and is renewable by 10-year periods.

 

Contact Us
If you have further queries, please contact Tannet.

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