Glossary
French: droit des marques
Trademark law (droit des marques, also called the law of distinctive signs — droit des signes distinctifs) is the body of legal rules governing trademarks and other distinctive signs.
In France, trademark law is codified in Book 7 of the Intellectual Property Code — the functional counterpart of the Lanham Act. European Union trademarks are governed by EU regulations administered by the EUIPO, and French national law is itself harmonized with EU trademark directives. Case law of the Court of Justice of the EU shapes both layers.
US trademark rights are grounded in use in commerce; registration is declaratory of rights that use creates. French and EU trademark rights are grounded in registration: rights are acquired by filing and registering with the INPI or the EUIPO, with no use requirement at filing — although a registration unused for five years becomes vulnerable to revocation for non-use. There is no common-law trademark in France; unregistered signs are protected, if at all, through other doctrines (such as unfair competition) or as other categories of distinctive signs.
Core recurring concepts include distinctiveness, the principle of specialty, likelihood of confusion, and the procedural toolbox of oppositions, invalidity and revocation actions.
For filing strategy in France or the EU, see French trademark registration and EU trademark registration.