Trademark registration in France - The ultimate guide
Find out everything about the application process, costs and time required to register your trademark in France.
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Contents
Why register a trademark in France?
Which body registers trademarks in France?
How is trademark priority in France determined?
How long does it take to register a trademark in France?
What is the cost of trademark registration in France?
Who can register a trademark in France?
What does the trademark registration process in France look like?
What does the trademark opposition process look like in France?
How long does a trademark last in France? How can I renew my French trademark?
Why register a trademark in France?
France, being the second-largest economy in the European Union and one of the world's leading industrial powers, offers significant opportunities for foreign investors. Establishing a commercial presence in France provides companies with access to a large, affluent consumer market and serves as a gateway to the broader European Union.
Given France's 'First-to-File' system, obtaining trademark protection is highly recommended, even if branded products are not yet sold in the country. Any business wishing to ensure its brand is well-protected before expanding internationally should consider France a priority on its trademark list.
Which body registers trademarks in France?
The National Institute of Industrial Property (Institut National de la Propriété Industrielle, INPI) is responsible for examining, granting, and administering intellectual property rights, including patents, trademarks, and designs in France.
How is trademark priority in France determined?
France is a "First-to-File" jurisdiction, meaning applicants who first apply for a trademark are assigned trademark rights and given priority over others, regardless of the actual use of the trademark in commerce.
How long does it take to register a trademark in France?
It generally takes 4 to 6 months to register a trademark (from filing the application to the final decision), provided there is no objection or opposition lodged against your application. In the event of opposition, the process may take longer.
What is the cost of trademark registration in France?
The fee for filing a trademark application is approximately €190 (approx. $206) for the first class and €40 (approx. $43) for each additional class.
Who can register a trademark in France?
Both domestic and foreign applicants can file for trademark registration in France. Foreign applicants must appoint a local representative who is a resident in France and a registered trademark agent.
What does the trademark registration process in France look like?
Create a distinctive sign:
- A trademark must have distinctiveness to be eligible for registration. It should distinguish the goods or services of one enterprise from those of others. Non-distinctive, generic, or overly descriptive marks are less likely to be registered by INPI.
Conduct a prior search:
- Before applying, it is advisable to conduct a trademark search to ensure that your mark is not confusingly similar to already registered marks. This helps avoid rejection or opposition from existing trademark owners.
Submit an application:
- Applications can be submitted online through INPI's e-filing system. The application must include the trademark, the list of goods or services, and the necessary fees.
Examination process:
Formal Examination: INPI will first check for formal deficiencies in the application (e.g., incorrect data, non-payment of fees). If any issues are found, applicants will be notified and given a chance to correct them.
Publication: If the application passes the formal examination, it will be published in the Bulletin Officiel de la Propriété Industrielle (BOPI) for a two-month opposition period.
Substantive Examination: After the opposition period, INPI will conduct a substantive examination to ensure the trademark meets all requirements. If any issues are found, an office action will be issued, and the applicant must respond within a given time frame.
5. Registration and issuance of certificate:
If the application passes the substantive examination and any opposition proceedings, INPI will grant the trademark registration, and the applicant must pay the registration fee. Once paid, INPI will issue the registration certificate.
What does the trademark opposition process look like in France?
After publication in the BOPI, there is a two-month period during which third parties can file oppositions. If an opposition is filed, the applicant will be notified and given a chance to respond.
Time: Opposition proceedings can take several months to over a year, depending on the complexity of the case.
Cost: The fee for filing an opposition is approximately €400 (approx. $435). Additional costs may arise if legal representation is needed.
How long does a trademark last in France? How can I renew my French trademark?
A trademark in France lasts for 10 years from the date of registration. It can be renewed indefinitely for subsequent 10-year periods.
Renewal fee (within the official date): Approximately €290 (approx. $315) for the first class and €40 (approx. $43) for each additional class.
Renewal fee (within an extended period): An additional fee may apply for late renewal, typically 50% of the standard renewal fee.
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