1. The French trademark authority is the State Industrial Property Office (INTI). In addition to its headquarters in Paris, the Bureau also has seven branches in Bordeaux, Lyon, Marseille, Nancy, Nice, Rennes, Strasbourg and other large and medium-sized cities.
2. The departments that accept trademark registration are the State Industrial Property Office and local commercial courts. Therefore, there are two ways to register a trademark in France: first, the trademark applicant registers with the State Industrial Property Office (Paris headquarters or one of the above seven branches); The second is to register with the commercial court where the company is located. These two registration methods have the same legal effect.
3. All people who live outside France can only submit their documents in the State Industrial Property Office, and at the same time, they must choose a communication office in France and appoint an agent in France.
2. French trademark inquiry registration
1. Although the inquiry result of French trademarks is not equal to the examination result, the report of prior trademark records can be obtained from the French Industrial Property Office. Applying for the center to inquire about the French government system will greatly reduce the risk in the whole application registration process.
2. Materials required for submitting an application: applicant's qualification certificate/clear trademark pattern/goods or services seeking registration/power of attorney for trademark registration/related fees
3. Acceptance notice After receiving the application materials for trademark registration, the French State Industrial Property Office will first carefully check the application form and all attachments to see whether the required parts in the form have been filled in, whether the relevant materials are correct, whether the required materials are incomplete and whether the fees have been paid.
4. Examination After receiving the application form for trademark registration, the French State Industrial Property Office will examine the trademark to decide whether to approve its registration.
It focuses on the following three aspects:
1. Legality of trademarks: the state industrial property right has a period of four months after receiving the application to examine whether the trademark violates the relevant regulations and whether the words and graphics of the trademark are suitable as trademarks.
2. Legitimacy review of trademarks: The State Industrial Property Office will publicize the trademark application within 6 weeks after receiving it, and all companies that think they have registered the same or similar trademarks can raise objections. Its procedure is to go to the State Industrial Property Office and fill out an "OPPOSITIONAL'ENREGISTIEMENT" form, explaining in detail the reasons and basis.
3. Is the application form correct? If the State Industrial Property Office considers 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 State Industrial Property Office, the applicant will appeal to the Court of Appeal (COUR D'APPEL) and ask the State Industrial Property Office to try it again.
5. Gazette Announcement
Once the French Industrial Property Office approves the trademark application, the trademark is allowed to be gazetted, and the date of the announcement will be notified to the applicant by letter. The announcement period is three months, and objections can be raised within two months after the announcement. If no objections are raised or the objections are not established, the trademark can be approved for registration.
6. French trademark registration
After the application for trademark registration is approved, the details of the trademark will be recorded in the register and a registration certificate will be issued to the applicant. In addition, the Registrar of Trade Marks will publish the relevant registration notice in the Hong Kong Intellectual Property Bulletin. The date of registration will be traced back to the date of filing the application, in other words, the rights of the owner of a registered trademark should start from the date of filing the application.
7. Time
If the registration application is successful, it will take 5-8 months. The protection period of French trademark registration is 1 years, and it can be renewed at the expiration. Each renewal period is also 1 years, and the number of renewals is unlimited. As long as it is not used in trade activities for 5 consecutive years, it will remain valid forever.
8. Use of French trademarks
A registered trademark that has not been used for five years after registration may be applied for cancellation. Trademark application or registered trademark can be transferred and licensed. Registration is not required for transfer and licensing contracts, but only registration can be used against a third party. The registrant can choose whether to mark the registration mark or words when using the registered trademark.