Registered France trademark, the trademark registration

Trademark registration rules in France

 

The French authorities in charge of trademark registration

 

The French department in charge of trademark is the NATIONAL industrial property office (INTI: INSTITUT NATIONAL DE LAPROPRIETE INEUSTRIELLE). It besides have headquarters in Paris, also in bordeaux, Lyon, marseille, Nancy, nice, Ryan, Strasbourg has seven branches and other large and medium-sized cities. To accept the trademark registration department is the national industrial property office and business around the court. Therefore, trademark registration in France there are two ways: one is the trademark applicant to the country's industrial property (Paris headquarters or one of the seven branch) registration; The second is to the company's commercial court TRIBUNAL DE COMMERCE registration. The two registration methods have the same legal effect.

 

 

Cannot be used as trademarks of tags

 

1, in violation of public order and public morals mark; 2, in violation of the provisions of the Paris convention about disable tag tag;

2, for content or quality of goods or services with a nature of description tag; 4, a tag of the sum of the cheating the public.

 

 

How to apply for trademark registration France

 

First, need to submit the application documents

A 1, the application form.

2, a trademark design, specification of 4 X 4 CM to 10 X 10 CM;

3, the application fee;

 

Second, the French trademark registration procedures

 

French national industrial property in after receipt of the trademark registration application form to the review to decide whether to approve the registration of trademarks.

Mainly review the following three aspects:

 

1, the legitimacy of the trademark rules: national industrial property 4 months after receiving the application deadline to examine whether the trademark has violated the relevant provisions, the trademark words and graphic is suitable for the trademark.

 

2, the legitimacy of the trademark review: the country's industrial property office within 6 weeks after receipt of the application for the trademark, the application is released, all that has been registered with the same or similar trademark companies can be challenged. Its program is to the national industrial property office to fill out a "against" registry (OPPOSITIONAL 'ENREGISTIEMENT), the detailed reasons and basis of their own.

 

3, the application form is correct: national industrial property office if that applied trademark does not comply with the above two standards, will be refused to approve the logo. As a trademark application for industrial property office rejected by the state, the applicant to the court of appeal (COUR D 'APPEL) complaint, for national industrial property office to reopen.

 

4, France trademark registration certificate, such as the national industrial property office approve an application for trademark registration, will be sent to the applicant a "trademark registration number" and "trademark registration certificate", and made public. Trademark effective date to national industrial property office or business application received court shall prevail. If an approved for registration of trademarks, the trademark effective date from industrial property office or commercial court receiving the application for the home.

 

5, the French trademark protection: French trademark protection for 10 years. Can renewal of expiration of the second half.

 

Note: the French parliament passed the fundamental item of trademark protection in December 1991 amendment, the provisions of the trademark infringement prosecution law limitation for 5 years, that is to say, if a trademark by the legally registered to take effect after 5 years, other companies can no longer be similar to the trademark with their trademark to Sue the infringement.

 

Trademark objection to apply for

 

Trademark objection is clear detailed rules of the trademark law, and in fact, to solicit public opinion for preliminary examination and trademark public legal procedure, its purpose lies in trademark counterpoising truly fair and open, improve the quality of trademark registration examination.

 

Trademark objection to the contents of the range is very wide, not only including the preliminary examination and approval of trademark and trademark identical or similar to file, including preliminary approval of trademark violation of the trademark law, the use of or the trademark has no significant, also including the applicant does not have to apply for qualification.

 

Proposed trademark objection can be anybody, i.e., can be either a trademark registrant, also can is a trademark registrant, can be enterprises, institutions, can also is a person, can is a legal person, also can is a legal person. Trademark objection period for preliminary approval of trademark three months from the date of announcement, the trademark application for dissent, the date will be subject to the trademark office, please book a date. Objection period is the last day of the holiday, can be postponed to the first received "a working day after the holiday.

 

Trademark objection shall deliver to the opposed trademark, will be in the opposed the opposed trademark applicant, commodity categories, trademark published the date of the initial announcement, announcement period and preliminary examination clearly fill out. Instead, while others are challenged his trademark registration, by the opponent can make a reply within the deadline.