The French Trademark Protection System
France, like China, can only enjoy trademark rights by registering a trademark. Unregistered trademarks can be used, and unregistered well-known trademarks that meet the conditions can also receive a certain degree of protection. For example, the act of copying and imitating well-known trademarks and using them on products or services that are the same, similar, different, or even dissimilar is considered trademark infringement; If a registered trademark infringes upon the rights of a well-known trademark, the owner of the well-known trademark has the right to request the invalidation of the registered trademark.
Well known trademarks are generally recognized by the court through individual cases. The National Industrial Property Office, managed by the French Ministry of Economy and Finance, is responsible for the registration and management of trademarks.
INPI Introduction to China National Intellectual Property Administration of France
The French National Institute of Industrial Property (INPI) is a public institution managed by the French Ministry of Economy and Finance (Minist è re de l ‘É conomie et des Finance), headquartered in Paris, with offices in 12 regions including Brittany.
INPI is the main department responsible for implementing public policies in the field of intellectual property, and is responsible for the registration and management of patents. With the services provided by French customs, INPI has also played an important role in combating infringement and counterfeiting.
Official website：www.inpi.fr
Contact number：0820 210 211（Within France），0033 171 087 163（abroad）
Introduction to French Trademark Registration
3.1 Logo that can be applied for registration as a trademark
3.1.1 A trademark is a mark that can be used to distinguish the source of goods or services, and a French trademark can consist of the following:
3.1.2 Various forms of textual symbols, including words, phrases, surnames, pseudonyms, place names, letters, numbers, abbreviations;
3.1.3 Sound signs, including sound and music clips;
3.1.4 Graphic symbols, including design drawings, markings, seals, borders, reliefs, holograms, icons, and computer graphics; Appearance, especially the appearance of the product or its packaging, or the appearance that displays service features; And the arrangement, combination or gradient of colors.
3.2 Trademark registration conditions
If a trademark applicant wants to register a certain logo as a trademark, the logo needs to meet the following two conditions:
3.2.1 Significance, that is, the use of this symbol can distinguish the product or service from products or services from other sources;
3.2.2 Availability, that is, the logo shall not be copied or imitated from logos that have prior rights.
Therefore, signs that fall under the following circumstances cannot be registered as trademarks in France:
3.3 Lack of significance, including：
3.3.1 Marking or wording of common or commonly used names for goods or services;
3.3.2 Symbols or names directly used to indicate the characteristics of products or services, including variety, quality, quantity, purpose, value, geographical origin, time of production of goods or services, etc;
3.3.3 Marks formed purely by the nature or function of a commodity, or by the appearance that endows the commodity with actual value.
3.3.4 However, except for the third item, the significance of the marker can be obtained through its use.
3.4 Contains elements that cannot be used for logos or trademarks, including：
3.4.1 Marks excluded from registration under Article 6-3 of the Paris Convention for the Protection of Industrial Property (trademarks: prohibitions on national emblems, official inspection seals, and logos of intergovernmental organizations);
3.4.2 Signs that are contrary to public order or morality, or are prohibited from use by law;
3.4.3 A deceptive mark that can easily mislead the public about the nature, characteristics, or source of a product.
3.5 Infringement of prior rights, especially：
3.5.1 Well known trademarks protected under Article 6-2 of the Paris Convention for the Protection of Industrial Property;
3.5.2 Names or trade names that may cause confusion for the public, or contain well-known French domestic manufacturer names or trade names.
3.5.3 Protected names of origin or geographical indications;
3.5.4 Copyright;
3.5.5 Protected design rights;
3.5.6 Third party rights, especially their surnames, aliases, or images;
3.5.7 Name, image or reputation of local administrative units.
3.6 Types of registered trademarks
Registered trademarks in France can be divided into general trademarks, collective trademarks, and certification trademarks.
A collective trademark refers to a mark registered in the name of a group, association, or other organization for use by its members in commercial activities, indicating its membership.
A certification trademark refers to a mark controlled by an organization with supervisory ability over a certain commodity or service, and used by units or individuals outside the organization to prove the nature, quality, or other specific qualities of the commodity or service.
3.7 Rights granted by registration
Without the consent of the registered trademark owner, no one shall:
3.7.1 Copying, using, or attaching trademarks to the same or similar goods or services, even if the words “formula, fa ç on, syst è me, imitation, genre, method” are added, shall not be used;
3.7.2 Eliminate or modify trademark logos lawfully affixed;
3.7.3 Counterfeiting the trademark on the same or similar goods or services, or using a counterfeit trademark.
After the goods are placed in the European Economic Community or European Economic Area market through normal channels, the rights of the trademark owner are exhausted. However, if there are legitimate reasons, especially if the condition of the goods is changed or damaged after being put on the market, the trademark owner may prohibit further commercial circulation.
French trademark registration method
4.1 There are three ways to obtain a valid registered trademark in France:
4.1.1 Directly apply for trademark registration with INPI;
4.1.2 Apply for registration of an EU trademark with the European Union Intellectual Property Office (EUIPO);
4.1.3 Designate France or the European Union as the effective region through the Madrid System for International Registration of Trademarks.
According to the Paris Convention for the Protection of Industrial Property, if an identical trademark registration application is filed again with INPI within 6 months after the first trademark registration application is filed in China, priority can be enjoyed.
Applicants residing outside of France should specify a delivery address within France.
4.2 Trademark Search
Before submitting a trademark registration application, it is recommended that the applicant conduct a trademark search to determine if there are similar or identical registered trademarks, registration applications, or well-known trademarks, and to clarify the availability of the trademark to be applied for. The available online search tools include:
4.2.1 INPI Trademark Search Tool (paid): It can search for French registered trademarks and trademark applications published and updated since 1976, EU trademarks since 1996, and international trademarks designated for France.
4.2.2 eSarch Plus: EUIPO database, capable of searching EU registered trademarks and trademark registration applications.
4.2.3 TMview: Can search for registered trademarks and trademark registration applications in EU member states, EU member states, and partner countries outside the EU.
4.2.4 ROMARIN: World Intellectual Property Organization (WIPO) database, which can retrieve trademarks and trademark registration applications registered through the Madrid System of International Trademark Registration.
4.2.5 Global Brand Database: WIPO database that can check trademarks and trademark registration applications registered in various countries and internationally.
Conducting a trademark search is not a necessary procedure, and the applicant may choose not to conduct a trademark search. However, the application may be rejected by opposition or declared invalid due to infringement of the rights of other registered trademarks after trademark registration.
4.3 Procedure for directly applying for trademark registration with INPI
According to the information provided on the INPI website, the following steps should be completed to directly apply for a French trademark：
4.4 Determine the applicable goods or services for the pending application logo
The applicant should specify the goods or services to which the applied logo applies, and classify the goods or services involved according to the international classification standards of the Nice Classification, and fill in the classification results in the trademark registration application form. The following online tools can be used to help determine trademark classification:
4.4.1 TMclass, a general trademark classification database jointly executed and maintained by EUIPO and various relevant European institutions, containing over 60000 terms and covering all content of the Nice classification.
4.4.2 MGS • Madrid Goods&Services Manager, a trademark classification tool provided by WIPO, has added 30000 terms in addition to all the content of the Nice Classification.
Trademark protection is limited to the goods or services listed in the application form. Once the application is submitted, the applicant cannot add new categories of goods or services. If there are any omissions, the applicant must submit a new application for the omitted goods or services.
4.5 Submit application
Starting from October 16, 2017, registration applications can only be submitted online using the simple and efficient tools provided by INPI. INPI can provide online assistance to ensure payment security.
Starting from November 2nd, certain procedures of INPI, such as withdrawal statements, requests for correction of significant errors, and third-party opinions, will also only be available for online submission.
Before starting the online trademark application, registration is required, and the requirements for filling out the application form and related documents can be found in the latest guidelines provided by INPI.
4.6 INPI Send a receipt
INPI will send a receipt to the applicant via email. This document will indicate the application date and application number of the trademark, which will be repeatedly used in future communication with INPI.
4.7 Public Trademark Application
INPI will publicly apply in its Bulletin official de la propri é t é industrialistle (BOPI) within 6 weeks.
INPI will issue a public notice to the applicant and list all the information provided by the applicant when submitting the application. The applicant should check the contents of the notification as soon as possible and inform INPI of any errors.
4.8 examination
INPI will review the application materials, such as whether the logo is usable, whether the application form is complete, whether payment has been made, etc. The trademark application may be rejected or required to be amended.
Meanwhile, the trademark application materials will be made public for 2 months and during this period, objections or opinions from all parties will be accepted. If there are any objections or opinions that require a response from the applicant, INPI will notify the applicant via email.
The applicant should modify the application documents or provide responses to disputed issues before the deadline specified in the INPI email, and may also abandon some or all of the application content.
The applicant can also submit a divisional application, which means that they will not wait for the determination of the relevant disputes in the original application, and will apply separately for the parts that have not been disputed. The advantage of filing a divisional application is that it allows for the retention of the original application date.
4.9 Publicly registered trademark
Once the review process is completed, INPI will publish the registered trademark on BOPI within a minimum of 5 months.
Afterwards, INPI will send the trademark registration certificate to the applicant. The applicant should check the contents of the certificate as soon as possible and inform INPI of any errors.
4.9.1Protection period
The validity period of the trademark is 10 years, starting from the date of application, and can be renewed indefinitely.
The renewal period is limited to 10 years, and a renewal application must be submitted within 6 months before the expiration of the validity period. If no application is submitted within this period, a grace period of 6 months can be extended, but an additional fee of 125 euros must be paid.
Introduction to French Trademark Government Fees
| Project | Cost (USD) | Description |
| Application fee | 227 | First category |
| Addition | 45 | Subclass |
| Continuation | 270 | First category |
| Addition | 45 | Subclass |
Click: Introduction to French Trademark Fees