Why register a trademark?
To protect a brand, it is necessary to register it. Thus, trademark protection often done for several reasons:
- you want to protect one of your most important assets;
- you do not want competitors to use your trademark for their own purposes;
- you can use it anywhere in France;
- you will have the opportunity to take legal action for possible violations.
What is "class"?
At filing a trademark application in INPI you are asked to protect a trademark for certain "classes". To confirm trademark registration It is important to choose one or more classes. Class corresponds to the category of products and services. The Nice classification combines all these categories.
Choice trademark classes is strategic because registering your trademark allows you to obtain exclusive ownership only of the activities included in the covered classes trademark registration .
What can be registered as a trademark?
A brand can take the following forms:
- Word sign : a sign consisting of a word, name, slogan, numbers and/or letters.
- Fine sign : A mark consisting of a logo or design.
- Half-shaped sign : a sign consisting of a combination of figurative and verbal elements.
Other types of trademarks can also be registered, such as color trademark, sound trademark, etc.
How to register your trademark?
Registration trademark first involves conducting a search to ensure your sign is available. Then you need to submit an application to INPI for registration of a trademark .
After publication trademark applications INPI in BOPI (Official Gazette of Industrial Property) the two-month opposition period begins.
The trademark will be registered after this period.
You can do trademark registration process yourself or seek help from a professional.
How long is a trademark protected?
If you want to register trademark , note that term of protection of a trademark is 10 years. This protection can be extended indefinitely.
Update brand can be carried out in 10 year increments. There are no restrictions on renewal. The latter must be carried out in the year preceding the day of expiration of the protection.
What are the steps to submit and register your trademark with INPI?
Here are four basic steps to apply and follow up. registration of your trademark with INPI :
- Check for trademark : This will help avoid deregistration or prosecution.
- Determine the type of activity for which the trademark will be registered : In practice, we do not register a trademark for every possible and conceivable activity (we select the appropriate “classes”).
- Fill out the trademark registration form and get an official receipt from INPI.
- Be patient : stages of trademark registration take time. The application is published in the Official Bulletin of Industrial Property (BOPI) within six weeks. From the date of publication, anyone who may claim original rights to your trademark has two months to object to your registration. If all goes well, the deposit registration will be published in BOPI in about 5 months. You will then receive the final certificate of registration of your brand from INPI.
What are the criteria for registering a trademark?
To register a trademark , several conditions must be met. Your brand should be:
- Subject to graphics : Your sign can take several forms, such as verbal, figurative or even sound form, etc.
- Legal: Your sign must not be contrary to public order and morality.
- Distinctive: The mark that makes up your brand should be distinct from your products and services and should serve to differentiate them from those of your competitors. For example, you should not use a sign that is too generic (for example: “chocolate” if you sell chocolate).
- Accessible: The mark chosen as a trademark must be available within the country, must not be registered by a third party and cover identical or similar products and services.
Before register your trademark , do not hesitate to seek the help of a professional if you want to ensure that all these conditions are met.
What is the period for registering a trademark?
Once your dossier is submitted, within six weeks of your request, INPI publishes it in the Official Bulletin of Intellectual Property (BOPI) and sends you a notice summarizing the contents of your application.
From the date of publication of your application, third parties have two months to object to the registration of your trademark. During this period, if a person believes that your application violates their rights, they can submit objection in INPI. If this objection is found to be valid, registration of the trademark is not allowed.
After deadline for filing an objection Your trademark registration information will be published in BOPI. After this, your brand will be officially registered and you will receive trademark registration certificate from INPI.
After registration Your trademark receives protection for a period of 10 years, which is renewed every 10 years for an indefinite period.
Healthy know: register trademark also possible internationally. Indeed, in addition to national registration, it is possible to carry out pan-European registration or international registration of a trademark.
Who can register a trademark?
Registration trademark can be made by both an individual and a legal entity.
More precisely, natural persons include individuals, artisans, traders operating as individual entrepreneurs, as well as representatives of liberal professions. Legal entities include civil companies, commercial companies, GIEs, associations, foundations, local authorities, unions and even government agencies. Moreover, even a company currently being created has the opportunity to register its chosen brand before its official existence. In this case, the founder, possibly represented by an agent, is responsible for carrying out the necessary procedures and regularization deposit after the creation of the company.
In any case, you have the option of being accompanied by a professional who will help you complete the procedure trademark registration.
What is the cost of registering a trademark?
Registration trademark is not free. Price French trademark registration is 190 euros per class. On the other hand, if you want to extend the protection to other categories of products or services, you will have to pay 40 euros for each additional class. For example, for four classes you will have to pay 310 euros.
Then, if you want support with registration of your trademark, support costs need to be taken into account.
How to extend your brand protection abroad?
If you're wondering how to register a trademark abroad , know that the procedure is quite simple. Indeed, if you want to extend your brand protection to the Community or international level, you have two options available to you.
The first solution involves using your priority right for registration of a trademark in other countries. This process requires your European or international trademark to be registered within six months of the initial application in France. Your second application is retroactive to the original filing date, which provides a significant advantage: during the priority period, if a third party files an identical or similar mark, you have the opportunity to request invalidity or raise an objection.
The second option comes into force after the expiration of the priority period. This involves following the classic international trademark application procedure, i.e. filing an application to register your trademark with the EUIPO or filing an international trademark application online with INPI.
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