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France trademark Register Guide

Author: Source: Date:2015/8/31 21:27:44 Click:65 TAGS:

法国是欧盟三大核心成员国之一,因此注册法国商标是进入欧盟市场的重要步骤。

France is one of the world's major developed countries, gross domestic product ranks fifth in the world. France is second only to the United States, the world's second largest agricultural exporter, the proportion of tertiary industry increased year by year in the French economy.


■ French trademark registration authorities


France is one of the three core EU member states, and therefore registered trademark of France is an important step to enter the EU market.


France is the trademark administrations National Industrial Property Office (INTI: INSTITUT NATIONAL DE LAPROPRIETE INEUSTRIELLE).


In addition to the council with headquarters in Paris, also in Bordeaux, Lyon, Marseille, Nancy, Nice, Rennes, Strasbourg and other cities with seven branches. The department received a trademark registration is the Commercial Court National Industrial Property Office and around.


Thus, there are two ways in registered trademark of France: One trademark applicants to the National Institute of Industrial Property (Paris headquarters or one of the above seven branches) registered; the second is the company where the Commercial Court (TRIBUNAL DE COMMERCE) Registration ʱ?? Both registration mode has the same legal effect.


■ tags can not be used as a trademark


1, in violation of public order and public morals mark;

2, violation flag "Paris Convention" on disabling the provisions labeled;

2, the content or quality of goods or services with the nature of the mark;

4, to deceive the public's and the mark.


■ application documents to be submitted

1, an application form;

2, a reproduction of the mark, the general specifications for the 4 X 4 CM to 10 X 10 CM;

3, pay the application fee.


■ French trademark registration procedures

French National Institute of Industrial Property will receive the trademark registration of the trademark application for review to decide whether to approve its registration.


■ legality of the provisions of the national industrial property trademark after receipt of the application have four-month period to review the trademark is contrary to the relevant provisions, whether the mark text and graphics suitable for use as a trademark.


■ review the legality of the trademark

National Industrial Property Office in the six weeks after receipt of the application for trademark application announced, all considered to have the same or similar trademarks registered companies can raise objections. The procedure is to fill in a National Industrial Property Office "against the Registry" (OPPOSITIONAL'ENREGISTIEMENT), a detailed description of their reasons and basis.


■ application form is correct

If you think that the National Industrial Property Office of the trademark application does not meet the above two criteria, it will refuse to approve the trademark. Where a trademark application was rejected National Industrial Property Office, the applicant to the Court of Appeal (COUR D'APPEL) appeal, requires the State Industrial Property Office reopened.


■ French trademark registration certificates

Such as the National Industrial Property Office approved the application of a trademark registration, the applicant will be issued a "trademark registration number" and "Trademark Registration Certificate", and announced. Date of entry into force of the trademark with the National Industrial Property Office or the application of commercial courts received prevail. If a registered trademark ultimately approved, with effect from the date that its trademark applications received for the industrial property offices or commercial courts.


■ French trademark protection period

French trademark protection for 10 years. Within six months after the expiry of the possibility of renewal.

Note: the French Parliament in December 1991 passed a group item trademark protection amendment, the provisions of the legal limitations to prosecute trademark infringement is five years later to say if a legally registered trademark entered into force five years, other companies can no longer be the Trademarks and their trademark is similar to sue their infringement.


■ trademark opposition


Trademark Opposition is "Trademark Law" and in fact, clearly defined rules, proceedings for the preliminary approval of a trademark for public comment, the aim of fair and open conduct of trademark rights, improve the quality of trademark registration review.


Trademark Opposition wide range of content, including both the trademark and an application for initial approval of the earlier trade mark identical or similar, including preliminary approval of the trademark violation of the "Trademark Law" to disable terms or trademarks of non-significant, including the applicant does not qualify for eligibility.


A trademark dispute can be any person, namely: either a trademark registrant or non-trademark holders, either enterprises, institutions, but also as a person, either a legal or non-legal person. Trademark opposition period for the preliminary approval of the trademark since the announcement of the date of application within three months, trademark dispute, the trademark office a date book member shall prevail. The last day falls on a holiday opposition period, the holidays can be extended to the first working day after receipt of the application.


Trademark Opposition shall be delivered to "Trademark Opposition" in opposition to the book by the applicant opposed trademark, trade category, trademark Posted preliminary announcement, the announcement of the number and fill out the preliminary numbers clearly. Conversely, when others of their own trademark registration challenged by the opponent can make reply within the deadline.


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