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France Trademark Registration Procedure

Updated:2018-1-12 14:41:14    Source:www.tannet-group.comViews:83

France trademark registration procedure needs to go through several steps. France is a member of the Paris Convention, the Madrid Agreement and the Madrid Protocol. France adopts first-to-file basis for trademark protection. A trademark registration is valid for 10 years from the date of application and could be renewed for 10 years before the expiry date. Generally, it takes around 6 - 10 months to get a trademark registered in France in a smooth case.

I. Search and Application
The first step is to conduct a search within the already registered trademarks. Once the research was completed, the registration application represents the second step. Once the application is submitted, it is published in the BOPI, meaning French Official Bulletin of Industrial properties no later than 6 weeks after the application was made. 

II. Examination
The examination is a very important step in the registration process, as this is the moment when the French office may ask to specify the designated products or to include a class that contains designated products. At this step, the French office may refuse the registration on the basis that the sign has a lack of distinctively. If irregularities occur, the applicant has the right to change the application within one month or to contest the observation.

III. The application may receive an opposition
The owner of a prior trademark may file an opposition against the trademark application within two months. The applicant is notified with this opposition and can reply by formulation of observations, as the procedure implies that all parties must be heard. In case the opposed trademark was filed longer than 5 years, the applicant may use his first answer in order to establish if the opponent is liable to revocation of his rights.

If no evidence is presented, then the opposition is rejected and the French Office makes a draft decision. If no contestation is made, then the draft becomes an official decision.

IV. Registration and protection of the trademark
Once the trademark has been registered, the applicant is notified and the trademark is published in the BOPI. The trademark is registered for a period of 10 years and it is renewable after a 10 years period.

Trademark protection in France gives also rights in the "Overseas Departments" (Guadeloupe, Martinique, Reunion and French Guyana), in the "Overseas Territories" (French Polynesia, Wallis and Futuna, the French Austral Islands and the French Antarctic territories), in the "Territorial Collectivities" (St. Pierre and Miquelon, Mayotte) and in New Caledonia and dependencies, without other requirements needed.

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