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France Trademark Registration

France is a member of the Madrid Agreement, the Madrid Protocol and the European Union. A French trademark also gives protection on Corsica and in the following French overseas departments: Guadeloupe (GP), Martinique (MQ), French Polynesia (PF), French Guiana (GF) and Réunion (RE). It also provides protection in the French overseas communities New Caledonia (NC), Saint-Barthelemy and the French part of Saint-Martin, St. Pierre and Miquelon (PM), Mayotte (YT), Wallis and Futuna (WF) as well as the French Southern and Antarctic Lands (TF). Trademark protection is obtained by registration (except famous trademarks).

Requirements

A trademark application has to be filed before the National Institute of Industrial Property (INPI). A power of attorney is not necessary if the application is filed by the applicant or through a French Industrial Property Counsel or an Attorney at Law . Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 4-6 months from first filing to registration. After registration the trademark is published in the weekly "B.O.P.I. marques". The opposition period is 2 months from publication of the trademark application.

Duration

A trademark registration in France is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. EUROPEAN UNION (COMMUNITY TRADEMARK): Since this country is a member of the European Union, Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Extra

Duly note, if the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

Area Practice:

INTELLECTUAL PROPERTY

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