Trademark registration

In France, trademark rights are obtained by registration — not by use, as in the United States. This is the single most important adjustment for US counsel: registration is constitutive of the right, and an unused but registered mark is a fully enforceable right (at least until it becomes vulnerable to revocation for non-use five years after registration).

The path to registration

To be registered, a mark must:

1. be filed with the relevant office (see trademark filing);
2. pass examination by that office — the INPI or the EUIPO;
3. survive the opposition period without being defeated by a third party.

What the examiner checks

The examiner verifies that the mark is valid: sufficiently distinctive, compliant with public policy, and generally in conformity with the law. Examination covers both the sign and the goods or services, which must be precise enough for anyone to easily understand the scope of protection. Critically — and unlike a USPTO Section 2(d) review — the INPI and EUIPO do not refuse applications based on earlier marks; conflicts with prior rights are left to oppositions (INPI / EUIPO) and litigation.

Registration takes effect once examination is complete and there is no opposition, or once opposition proceedings have ended without the application being rejected for all goods and services. A registration certificate is then issued.

See also: French trademark registration, EU trademark registration, availability of a sign.

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