The following words and graphics are usually not eligible for trademark registration
French Trademark Registration Application Materials
- If you are a legal person, please attach a copy of your business license or valid registration certificate; if you are a natural person, please attach a copy of your personal identification document.
- Applicant's name and address in Chinese and English
- Trademark Design
- Name and category of goods/services to be protected
- Priority declaration (if required)
French Trademark Registration Procedure Time
French Trademark Registration Authority
The trademark authority in France is the National Institute of Industrial Property (INTI: INSTITUT NATIONAL DE LAPROPRIETE INEUSTRIELLE).
In addition to its headquarters in Paris, it also has seven branches in Bordeaux, Lyon, Marseille, Nancy, Nice, Rennes, Strasbourg and other large and medium-sized cities. The departments that accept trademark registrations are the National Institute of Industrial Property and local commercial courts.
Trademark opposition application
- The content of trademark objection is very wide, including that the preliminarily approved trademark is identical or similar to the previously applied trademark, that the preliminarily approved trademark violates the prohibition clause of the Trademark Law or the trademark is not distinctive, and that the applicant does not have the qualification to apply.
- Anyone can file a trademark objection, that is, it can be a trademark registrant or a non-trademark registrant, an enterprise, institution, or individual, a legal person or an unincorporated person;
- The trademark objection period is three months from the date of announcement of the preliminary approved trademark. The trademark objection application date is based on the date of the Trademark Office's application. If the last day of the objection period is a holiday, it can be postponed to the first working day after the holiday.
- The trademark objector must submit a "Trademark Objection Letter" in which the applicant, product category, date of the trademark preliminary announcement, announcement period and preliminary number of the trademark to be opposed must be clearly filled in. On the contrary, when someone raises an objection to their trademark registration, the person being opposed can make a reply within the time limit.
Frequently asked questions
- Submit an application to the French National Institute of Industrial Property.
- Formal examination (obtaining the application number and application documents within 1-2 months)
is accepted within about two weeks after the application is submitted. The French Industrial Property Office will conduct a formal examination within 1-2 months after the application is accepted. The French Industrial Property Office will refuse to register trademarks that violate legal provisions or lack distinctiveness. - Announcement: The announcement period is 2 months, and anyone can raise an objection during this period.
- If no one raises an objection
during the announcement period, or the objection is not supported, the trademark will be approved for registration.
The entire smooth registration process takes about 8-10 months.
The trademark is valid for ten years, starting from the date of application.
- Trademarks that are not distinctive and cannot be registered as trademarks as listed in the Trademark Law will be deemed invalid trademarks and will lose their trademark rights.
- Revocation of trademarks. If a trademark application is obtained by fraudulent means against the rights of a third party or by violating legal responsibilities or improper agreements, the party that believes that it has rights to the trademark can sue the court and request the cancellation of the trademark. The deadline for filing a request for the cancellation of a trademark is 3 years, but for trademarks applied in bad faith, there is no 3-year limit.
- If a trademark owner fails to use his trademark on the products or services designated by the registered trademark for five consecutive years without justifiable reasons, he will lose his trademark rights.
The effective date of the trademark is based on the receipt of the application by the National Industrial Property Office or the Commercial Court. If a trademark is finally approved for registration, the effective date of the trademark is calculated from the receipt of the application by the National Industrial Property Office or the Commercial Court.
The focus of the review is on the following aspects:
- Trademark legality regulations: The National Industrial Property Office has four months after receiving the application to review whether the trademark violates relevant regulations and whether the trademark text and graphics are suitable as a trademark.
- Trademark legality review: The National Industrial Property Office will publish the trademark application within 6 weeks after receiving it. Any company that believes that the same or similar trademark has been registered can file an objection. The procedure is to fill out an “opposition registration form” at the National Industrial Property Office and explain in detail the reasons and
basis. - Whether the application form is filled out correctly: If the National Industrial Property Office believes that the applied trademark does not meet the above two standards, it will refuse to approve the trademark. If
a trademark application is rejected by the National Industrial Property Office, the applicant shall appeal to the Court of Appeal (COURD’APPEL) and request the National Industrial Property Office to re
-examine it.
4. French Trademark Registration Certificate: If the National Industrial Property Office approves an application for trademark registration, it will issue a “trademark registration number” and “trademark registration certificate” to the applicant and announce it to the public. The effective date of the trademark shall be based on the application received by the National Industrial Property Office or the Commercial Court. If a trademark is finally approved for registration, the effective date of the trademark shall be calculated from the date the application is received by the National Industrial Property Office or the Commercial Court. - French trademark protection period: French trademark protection period is 10 years. It can be renewed within six months after expiration.