Glossary

Trademark filing

French: dépôt de marque

The dépôt de marque is the legal act by which the applicant — the future owner — requests a monopoly over a sign or a sound for specified goods and services. The fundamental difference from US practice: France and the EU are first-to-file systems. No use in commerce, no intent-to-use declaration, no specimens — rights flow from registration, and the filing date is everything.

Who can file

If the mark is filed in the name of a legal entity, the filing must be made by a person with authority to represent it. The simplest route is to instruct a trademark attorney, who needs no power of attorney to represent one or more applicants.

Official fees

See trademark fees and costs for full cost breakdowns.

Why the filing date matters

Once the mark registers, the ten-year term of protection runs from the filing date — renewal falls due ten years after filing, not registration (see trademark renewal). The filing date is also the date used for priority purposes when the filing is a first filing, opening the six-month Paris Convention window for foreign extensions.

Before filing, availability should be checked through a clearance search.

See also: French trademark registration, EU trademark registration, applicant.

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