Séverine Mas Law firm

The French trademark registration system is very similar to the European system.

However, one of the common mistakes made by trademark users is to believe that the trademark is protected as soon as it is exploited in commerce. Whilst this is true in a Common Law system, it is not the case in a Civil law system (France and Germany for example).

In a Civil Law system, the owner of a sign not registered as a trademark may have rights to sue the user of a confusingly similar posterior sign, based on unfair competition law (but not for trademark infringement). This is no longer true when the user of a posterior similar sign registers that sign as a trademark. In the latter case, the prior owner becomes the infringer, unless he can prove that the trademark has been registered in bad faith. This proves to be very difficult in most cases.

In conclusion, it is highly advisable to register a trademark in all the countries where the sign is exploited.

Filing of a trademark application in France

Foreign companies or people not residing in France, in the EU or in the EEE, cannot directly file at the INPI office for trademark registration in France. Instead, they must chose a French trademark Attorney, in order to represent them. The trademark Attorney will receive all correspondence sent by the office (INPI), and will advise the client to the best of its interests. Taxes for filing an application in France are 225 euros for three classes of products and services. Our fees start at £250 for a trademark registration for 3 classes.

Duration of Registration; Renewal

A trademark registration in France is effective for 10 years. It may be renewed for further periods of 10 years upon payment of the prescribed fees.