Definition

A trademark is a sign used to distinguish the goods or services of one natural or legal person from those of others; it must be capable of being represented in the national trademark register, so that anyone can determine precisely the scope of protection granted.

Legal framework

• Governed by Book VII of the French Intellectual Property Code (IPC), especially articles L. 711‑1 et seq.
• The Ordinance No. 2019‑1169 of 13 November 2019, transposing Directive 2015/2436, removed the graphic representation requirement, allowing non-traditional trademarks (sounds, holograms, etc.).

Validity criteria (art. L. 711‑2 IPC)

A trademark must be:

1. Distinctive;
2. Not generic, descriptive, or customary;
3. Lawful, not contrary to public policy, nor misleading;
4. Not filed in bad faith.

Effects of registration

• Ownership arises through registration (art. L. 712‑1 IPC).
• Grants the owner an exclusive right of use nationwide for registered goods/services, enabling prohibition of unauthorized identical or confusingly similar uses (art. L. 713‑2 IPC).
• Duration: 10 years, renewable indefinitely.

Trademark types

• Individual trademark: one owner.
• Collective trademark: used by members of an association (art. L. 715‑6 IPC).
• Certification/trust mark: guarantees specific characteristics of goods/services, designated upon filing (art. L. 715‑1 IPC).

Well-known and reputed marks

• A well-known trademark, even if unregistered, is protected under the Paris Convention (art. 6bis) and IPC (art. L. 713‑5).
• A reputed trademark can block uses even for dissimilar goods/services (art. L. 711‑3 IPC) .

Procedures and enforcement

• Opposition proceeding following publication.
• Invalidity action for lapses in validity (e.g., distinctiveness, confusion, bad faith).
• Infringement action for unauthorized use of identical or similar marks in relation to identical or similar products/services.
• Revocation for non-use, if not used for 5 years.

FAQ

1. What are the requirements for a sign to be valid as a trademark?
   The sign must be distinctive, non-generic, lawful, and filed in good faith.
2. What are the effects of registering a trademark?
   Registration grants exclusive use rights for 10 years, renewable indefinitely.
3. What should I do if I want to oppose the registration of a trademark?
   You can file an opposition with the INPI within 2 months of the trademark’s publication.