1. Application process for registering a French trademark
1. Applicant qualifications: Any individual or organization that uses or intends to use a trademark in good faith can apply for trademark registration with the applicant's consent. Others may also use the trademark. Two or two individuals or organizations can apply for a trademark together.
2. Application process (smooth situation):
(1) Formal review: After the application is submitted, the legality review of the submitted application documents, trademark drawings, power of attorney and other documents will be carried out ; If the regulations are met, the application date and application number will be awarded.
(2) Substantive examination: Examine whether the trademark is registrable in accordance with the law, whether it is identical or similar to a previously registered trademark, and whether it violates the prohibition provisions of the trademark law. For a trademark that fails substantive examination, the examining officer will notify the applicant in writing and inform the applicant of the reasons for rejection. The applicant may submit a reexamination within the time limit from the date of receipt of the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and application number will not be retained.
(3) Announcement: After review, if the examiner believes that the trademark application can be accepted, an announcement will be published on the French Official Trademark Announcement. The objection period is 2 months from the date of announcement.
(4) Registration approval: Trademarks that are found to be registrable after opposition, or trademarks that are announced as having no objections will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) takes about 6-9 months.
3. Validity period: 10 years from the date of application. If you need to continue to use it after the registration validity period expires, you should apply for registration renewal 6 months before the registration validity period expires. Each renewal registration is valid for 10 years.
2. Focus on reviewing the following aspects
1. Trademark legality regulations: National Industrial Property Rights has a period of 4 months after receiving an application to review whether the trademark violates the Relevant regulations determine whether the trademark text and graphics are suitable as trademarks.
2. Trademark legality review: The State Industrial Property Office will publish the trademark application within 6 weeks after receiving it. All companies that believe that the same or similar trademark has been registered can raise objections. The procedure is to go to the National Industrial Property Office to fill out an "Objection Registration Form" and explain in detail your reasons and basis.
3. Whether the application form is filled in correctly: If the State 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 files an appeal to the Court of Appeal (COURD'APPEL) and requests the National Industrial Property Office to re-examine the application.
4. French Trademark Registration Certificate: If the National Industrial Property Office approves a trademark registration application, a "Trademark Registration Number" and "Trademark Registration Certificate" will be issued to the applicant and announced to the public. The date when a trademark becomes effective 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, its effective date will be calculated from the time the application is received by the Industrial Property Office or the Commercial Court.
5. French trademark protection period: The French trademark protection period is 10 years. It can be renewed within six months after expiration.
Note: The French Parliament passed a basic trademark protection amendment in December 1991, which stipulates that the legal statute of limitations for prosecution of trademark infringement is 5 years. That is to say, if a trademark is legally registered and takes effect 5 years later , other companies can no longer sue for infringement on the grounds that the trademark is similar to their own.