TM in France

Registering a TM in France (or any other country for that matter) is an important aspect of forming & protecting a brand. So, let’s see what it takes to register a TM in France & what the registration process involves.

France: TM Regulation

Filing an application for TM registration in France requires potential applicants to:

• be natural or legal personalities;
• have a French citizenship;
• be CUP beneficiaries/citizens of a WTO member state & reside in France (for non-residents).

Similar requirements apply to registration of TMs in the EU. Applicants must provide a TM sample & a list of products/services it applies to. Applicants must submit an application for TM registration in France by themselves or have their representatives do it for them.

EU: TM Registration

After filing an application in France, a TM owner becomes entitled to submit such applications in other EU member states or abroad within a 6-month p[eriod. For French and EUTM-registered TMs, registration is valid for ten years. Upon expiration of this period, registration can be prolonged. The prolongation of TM registration in France must be done within six months before expiration of the registration period. An updated application can be filed within six months from the date of expiration of TM protection in France; however, that requires paying an additional fee.

France: Resolving TM Disputes

TMs can be challenged in TM courts that have territorial jurisdiction over a case. A TM may be invalidated if it:

• isn’t distinctive;
• confusing;
• inconsistent with public policy or morality;
• can’t be graphically represented.

An appeal against an INPI decision to reject a TM can be filed with a specialized court of appeal; the deadline for appealing refusal to register a TM in France is one month since the decision is made.