Registered French trademark, French trademark registration
Detailed rules for the registration of trademarks of France
Competent authority for trademark registration of France
The Trademark Department of France is the LAPROPRIETE (INTI: INSTITUT NATIONAL DE INEUSTRIELLE). In addition to its headquarters in Paris, the Council also has seven branches in Bordeaux, Lyon, Marseilles, Nancy, nice, Rennes, Strasbourg and other large and medium cities. The Department that accepts trademark registration is the State Industrial Property Office and the commercial courts everywhere. Therefore, the trademark registration in France has two ways: one is the trademark applicants to the National Industrial Property Office (one of the seven Paris headquarters or branch registration); two is the commercial court where the company (TRIBUNAL DE COMMERCE) registration. These two kinds of registration have the same legal effect.
A mark that cannot be used as a trademark
1, in violation of public order and public morality signs; 2, in violation of the Paris Convention on the prohibition of the marking of the mark;
2 marked by a description of the content or quality of a commodity or service item; 4. A mark that deceives the public.
How to apply for registration of French trademarks?
I. application documents to be submitted
1, a copy of the application;
2, a trademark design, specifications for 4 X, 4 CM to 10 X, 10 CM;
3. Application fee;
Two, France trademark registration procedures
The French national industrial property will review the trademark after it receives the application form for the registration of the trademark to decide whether to approve the registration.
We will examine the following three aspects:
1, trademark legality stipulates: national industrial property rights after receiving the application, there are 4 months to review whether the trademark violates the relevant provisions, the trademark text and graphics are suitable as trademarks.
2, trademark legitimacy review: the State Industrial Property Office within 6 weeks after receipt of the trademark application, the application shall be announced, all companies that have registered the same or similar trademarks can be raised objections. Its procedure is to fill in a "OPPOSITIONAL" ENREGISTIEMENT against the State Industrial Property Office, and explain in detail its own reasons and basis.
3, the application form is correct: if the state industrial property office considers that the application trademark does not meet the above two standards, it will refuse to approve the trademark. If a trademark application was rejected by the State Industrial Property Office, the applicant lodged a complaint with the court of appeal (COUR D APPEL) and asked the State Industrial Property Office to reopen it.
4, France trademark registration certificate: if the State Industrial Property Office approved the application of a trademark registration, will be issued to the applicant a "trademark registration number" and "trademark registration certificate", and announced. The date of entry into force of the trademark shall be subject to the application received by the state industrial property office or the commercial court. If a trademark is finally approved for registration, the effective date of the trademark will be received from the industrial property office or the commercial court and the application shall be counted.
5, France trademark protection period: France trademark protection for 10 years. Can be renewed within six months after the expiration.
Note: in December 1991 the French parliament passed a base of Trademark Protection Amendment provisions legal limitation of trademark infringement for 5 years, that is to say if a trademark registered in force for 5 years, other companies can no longer own the trademark and trademark infringement sued the similar.
Trademark objection application
The trademark objection is "trademark law" and its rules clear provisions of the legal procedure of public opinion on the preliminary examination and approval for the trademark, for the purpose of justice and openness of trademark rights, improve the quality of the examination of trademark registration.
Trademark objections to the content of a wide range of applications including trademark and preliminary approval of the trademark is identical or similar, including the trademark violation of "trademark law" prohibited clause or trademark is not significant, but also including the applicant does not have the qualifications for application etc..
The trademark objection can be any person that can be the owner of a registered trademark, can also be a non registered trademark, can be both enterprises and institutions, can also be a person, can be legal, or non legal person. The period of trademark opposition shall be preliminarily examined and approved. Within three months from the date of announcement, the date of application for trademark objection shall be subject to the date of the request of the trademark office. The last day of the opposition period is on holidays, which can be postponed to the 1st day after the holiday.
Trademark objection shall be sent to the "trademark objection", in objection to the book to be objection trademark applicants, commodity categories, trademark published preliminary announcement date, the announcement period and the first instance to write clearly. On the other hand, the respondent may make a plea within the time limit when the other party objects to his trademark registration.