10 steps to register your trademark in France_ from pre-filing to registration

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PRE-FILING STEPS
Selection of goods and/or services

Contact details of the Applicant

You select the products and/or services covered by the TM application – be careful to protect all of them, as any missing products and/or services will result in a new application being filed.
You may select more than 10 items per class, the fee remains the same. You can also select broad specifications such as “cosmetics”, “clothing”.
Please provide us with the name and address of the applicant. For an individual, please precise Mr. or Mrs. NAME Surname.
Clearance searchWe check in the relevant databases that the mark proposed to be filed is available.
FROM FILING TO PUBLICATION
On the filing dateOnce the first 2 steps are completed, the application form is filed, generally on-line – claiming or not a priority of a same application having been filed abroad. The filing fees are paid.
Within the following days of the filing applicationUpon receipt of the complete file (application forms and filing fee), a filing date and official number are assigned by the French Registry (INPI).
6 weeks after filing the application –Generally after 6 weeks, the French Registry (INPI) publishes the TM filing application in the Official Bulletin. From that date and within two months, oppositions or observations may be filed by third parties.
Within the shortest possible period of timeThe INPI proceeds to the examination of the filing application and may raise possible objections if there are absolute grounds for refusal.
As regards the relative grounds for refusal, the INPI informs of possible observations or oppositions filed from third parties.
At this point, you may decide to file a divisional application, the advantage being that your mark will be registered for the remaining goods and/or services, which are not affected by the opposition, without having to wait for the outcome of the opposition procedure.
The French Registry shall assign a new application number to the divisional application.
REGISTRATION
Within the deadline set up by the INPIIf objections or oppositions are raised, a response is to be filed within the set period of time. You may at this stage of the procedure, clarify the specification of goods and/or services, limit the specification, or withdraw the application, either partially or totally.
If the application is withdrawn or restricted to goods and services against which the opposition is not directed, or the Office is informed about a settlement between the parties, or the application is rejected in parallel proceedings, the opposition proceedings shall be closed.
For at least 5 months after the filing applicationAssuming some or all the goods and/or services are kept in the application and upon completion of the examination procedure, the INPI grants and publishes your Trademark Registration in the Official Bulletin.
At the time of the publication of the TM registrationThe INPI sends the Registration certificate. The Trademark is now protected for ten years (and can be renewed for another period of ten years). The validity of the trademark is subject to the obligation of being put to a real and genuine use on the market within a
period of five years following its registration.

Learn more on our Trademark expertise.

Philippe Conan and Thierry Dufresne

SHARING AND COMPARING VIEWS: PHILIPPE CONAN AND THIERRY DUFRESNE, OUR EXPERTS FROM THE BUSINESS WORLD

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