Distinctive sign

“Distinctive signs” (signes distinctifs) is the general category encompassing every identifier of a business in French law. It includes:

• trademarks — registered marks, French marks, EU marks, international marks and pending applications;
• the company name (dénomination sociale — the corporate name as registered);
• the trade name (nom commercial — the name under which the business trades);
• the shop sign (enseigne — the name displayed at the premises);
• domain names, to the extent they are distinctive.

Why the category matters

US law separates “trademarks” from “trade names” and protects the latter mainly through unfair competition. French law groups them under one umbrella with real procedural consequences: several of these unregistered identifiers can serve as grounds for opposition against a later trademark application (see INPI opposition) and as prior rights in invalidity actions — so French clearance must look beyond the trademark register (see trademark clearance search).

What falls outside

A priori, distinctive signs include neither copyright nor designs, since distinctiveness is not a condition of their protection. Distinctiveness, by contrast, is an essential condition of the protection — indeed of the very existence — of a valid trademark: see distinctive character and, for its loss, revocation for genericide.

See also: sign, trademark law.

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