What’s the Procedure for Filing a Trademark Application in France?

The procedure for filing a Trademark Application in France is obtained at the INPI (National Institute of Industrial Property) for French Trademarks. Trademark to be registered across EU or European Union at the EUIPO (European Union Intellectual Property Office). Trademark to be used globally at the WIPO or World Intellectual Property Organisation.

The enactment concerning Trademarks governed in France is compiled in Book VII of the IPC or Intellectual Property Code, a revised or changed periodical. The French Government Agency (FGA) has participated in many global agreements concerning Trademarks, whose provisions may be applied by French Court directly.

The authority which conducts the Trademark Registration in France is INPI. The agency performs the activities for maintaining the Trademark name’s journal and registration, which may be available to use and any dispute or conflict arising on the same to be settled. The registered Trademark names are published or advertised in the journal name BOPU, meaning the French Official Bulletin of Industrial properties.

What is a Trademark?

Before discussing the procedure for filing a Trademark Application in France, let’s understand the meaning of Trademark. A Trademark is a sign which makes products or services different from others. Trademark gives exclusive rights to the use of the registered Trademark. Therefore, it shows that the Trademark can be exclusively used by its owner to another party for use in return for payment.

The Trademark Registration is valid for ten years and the same is renewable for another ten years. It depends on the extra payment fees. It’s used as a right for private rights, and protection is implemented through court orders. Trademarks can be registered for a name, logo, word, or combinations of these to constitute a Trademark. It includes symbols, 3-d features, drawings for the shape and packaging of products etc.

Filing Procedure for Trademark Application in France

Following are two steps to filing a Trademark application in France:

• Pre-Filing Step for Trademark Application in France

The starting steps here have to be decided to apply through NIPI for a single class of the products & services or multiple-class of the products or services. The fees for Trademark applications in France depend on the single or multiple-class types of products & services. The Trademark application can file for more than ten products or items per class which may be of broad specification like “cosmetics”, “clothing”, etc. Before applying for a specific Trademark name, the candidate must search the possible Trademark in relevant databases.

• Filing to Publication

1. The second step is filing a Trademark applicationin France before the NIPI conducts registration and inspection of the Trademark. There is a need for some requirements to protect the filing date, which requires to be satisfied. The Trademark application should contain the information of the applicant and representation of the potential Trademark & the priority claim, if relevant, and payment of the fees for Trademark application in France.
2. After filing the Trademark application in France, the same get a date of filing, and the official number is assigned or appointed by the French Registry (INPI). The applied Trademark is inspected to comply with the formal necessity. After completion of six weeks, INPI, i.e., French Registry, shall publish or advertise the Trademark filing application in the Official Bulletin. From the publication date within two months, from the publication date, there shall be oppositions within two months, or 3rd parties may file comments.
3. The French Registry proceeds with checking the filing Trademark application and can issue an objection if there are grounds of refusal. In case of related ground for rejection, the Registry shall notify the possible observations or opposition against the Trademark from third parties. In the case of multiple class Trademark applications, there can be a Divisional Application so that one of two Trademark applications can be registered, which remain unaffected by 3^rd parties. If a Trademark has not to be used for five years from the date of Trademark Registration, it can be cancelled on a request of a third party with the Registry.
4. France jurisdiction is known as “First to File”, defined as the rights to a Trademark is issued to the 1^st person to file it before the Registry, not the first person who uses Trademark. It’s pointless to use the Trademark before Registration since it doesn’t help with the objections raised on the lack of uniqueness.
5. The response was filed within the prescribed period after the raising of opposition. There should be an explanation of the specification of products and services during the procedure; either limit the specification or withdraw the Trademark application, either completely or partially. Hence, the application is withdrawn or restricted to products & services against which the opposition is not directed. Hence, the settlement scope between the parties or the Trademark application is rejected in parallel proceedings & the opposition proceedings shall be closed.
6. After opposition, if the dispute is not resolved, then the appeal filed before the court has jurisdiction on the territory or region where the claimant resides. Hence, Civil Litigation raises the problem in the way of Trademark Registration. Civil Litigation can resolve either before the forum or via a method of ADR (Alternative Dispute Resolution). ADR is preferred over forums since it’s impossible always to get a revocation order against Trademark. Therefore, mediation is obtained since it’s confidential & there is scope for negotiation.
7. If there are problems after the obtained raised, the special court shall handle the same, resulting in an infringement order or order in the application change. This remedy in the Civil Litigation is an infringement of monetary compensation, or the Special Court shall grant a probation order. The injured party, in the case of Trademark Infringement, can request a lump sum. It’s in the form of damages for the number of royalties paid if the influencer had applied for approval to the French writing; this lump sum is not exclusive of the compensation for moral damage caused to the harmed party in the suit.
8. If there is no case of opposition/the same is resolved before Registry, then the Trademark Registration can happen. After this, INPI shall grant and publish Trademark Registration in the Official Bulletin. At the time of publication, NIPI sent the Trademark Registration Certificate by the end of six months of filing the Trademark application. The Trademark is registered for ten years from the applying date.

Conclusion

Filing of Trademark Application in France, which is the most direct and time-bound manner, which makes filing the Trademark easier and less difficult. The procedure for filing a Trademark application in France is subject to the EU or European Union rules^[1] & regulations in case. The overall procedure for applying and front tanks with ease is very simplified & modified for easy application.

Read our Article:A Complete Analysis on the Concept of Trademark Dilution