ATA CORPORATE FORMATION|Frace Trademark Registration|COMPANY REGISTRATION|TRADEMARK REGISTRATION

PROFESSIONAL COMMENT----France Trademark Registration

French trademark French trademark registration trade marks
register French trademark French trademark registry trademark registration
I French Trademark Application
An application must include the following elements before the France Intellectual Property Office will accept it:
①Qualification certificate of applicant;
②A clear drawing of the mark;
③A listing of the goods or services;
④The filing fee for at least one class of goods or services.
⑤Authorization letter of registration;

II The procedure for the examination of an application for French trademark registration:
1.Anteriorities research
During the French Office examination procedure, no anteriorities research is done. As the application of a trademark in France is considered as an act of infringement, it is important to conduct a search before filing, at least within the registered trademarks.

2. Filing
The registration application has to contain the applicant identification, the trademark, the product(s) and/or service(s) to which it applies and, when it occurs, the claim of a foreign application priority.

3.Application publication
The application is published in the BOPI (French Official Bulletin of Industrial Property) within about 6 weeks of the filing date.

4. Examination
The French Office may ask to specify the designated products or to include a class which contains some of the designated products, without extending the application scope. The French Office may also refuse a sign for its lack of distinctivity. In case of irregularities, the applicant has a time allowed by the French Office (generally one month) in order to regularize his application or to contest the bservation. The approximate time for obtaining the certificate is about 10-18 months for smooth application.

III The Opposition about French Trademark Registration
Within a 2-month period from the application publication, the owner of a prior trademark can file an opposition against the trademark application. This opposition is notified to the applicant which can reply by formulating observations (within a time period higher than 2 months allowed by the French Office) according to a procedure in which all parties shall be heard.
If the opposed trademark was filed more than 5 years ago, the applicant may ask in his first answer for use evidence, in order to establish if the opponent is liable to revocation of his rights (for non genuine use of his trademark during an uninterrupted period of 5 years). In the absence of evidence, the opposition is rejected.
A decision draft is established by the French Office. It can be contested by both parties. In the absence of contestation, this draft becomes decision.

IV Mark use (French trademark)
According to the French Intellectual Property Law (CPI), the owner who has not put his mark to genuine use in connection with the goods and/or services referred to in the registration during an uninterrupted period of 5 years, without good reason, shall be liable to revocation of his rights.

The use concerns the mark as registered, but slight modifications which do not alter the distinctive nature of the sign are possible.
The use relates to the goods and/or services referred to in the registration. A partial revocation is then possible if the owner uses his mark only for a part of the goods and/or services referred to in the registration. The use for similar products (as clothing and shoes) is insufficient.

The sign has to be used as a mark. The use as a company name for example is not sufficient.
It is of importance to be able to provide, at any time beginning 5 years after the filing of the French mark, evidences of use (as catalogues or advertising from different years...).

V about ATA’s services
Ata trademark agency is belonging to ATA GROUP, We are a membership organisation dedicated to championing intellectual property and trademark brands operation. ATA’s services concluding trademark registration, trademark design, Trademark assignment, Trademark authorization, Trademark auction, Patent application, Copyright registration, intellectual property Protection, We also provide the services of someone who needs applicant ISSN and ISBN. Please contract for further enquires.

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