Register a Trademark in France

Updated on Sunday 03rd April 2022

Rate this article

based on 1 reviews.

Registering a trademark in France is very similar to registering a trademark in any other European country. The Civil Law in France requires that in order to use a trademark, it must be registered. One of our lawyers in France can offer support for the formalities implicated, plus legal advice for trademark registration in France.

How to register a trademark in France

There are specific steps one needs to follow in order to register a trademark in France, as follows:

The first step is to conduct a search within the already registered trademarks.
Once the research was completed, the registration application represents the second step.
The respective application must contain information on the applicant, the trademark, the products or services to which it applies.
Once the application is submitted, it is published in the BOPI or the French Official Bulleting of Industrial properties no later than 6 weeks after the application.

We remind that our French lawyers can help you register a trademark in France. You can get in touch with our law firm in France to receive legal advice for trademark registration in France.

Examination of the trademark application

The examination is a very important step in the registration process. The French office may ask to specify the designated products or to include a class that contains those. The institution may refuse the registration on the basis that the sign has a lack of distinctively. If irregularities occur, the applicant has the right to change the application within one month or to contest the observation.

The application may receive an opposition

The owner of a prior trademark may file an opposition against the trademark application within two months. The applicant is notified with this opposition and can reply by formulation of observations, as the procedure implies that all parties must be heard. In case the opposed trademark was filed longer than 5 years, the applicant may use his first answer in order to establish if the opponent is liable to revocation of his rights.

If no evidence is presented, then the opposition is rejected, and the French Office makes a draft decision. If no contestation is made, then the draft becomes an official decision.

How is trademark in France protected?

Once the trademark in France has been registered, the applicant is notified, and the trademark is published in the BOPI. The trademark is registered for a period of 10 years and it is renewable after a 10 years period.

Trademark protection in France gives also rights in the "Overseas Departments" like:

Guadeloupe, Martinique, Reunion, and French Guyana.

in the "Overseas Territories” like:

French Polynesia, Wallis and Futuna, the French Austral Islands and the French Antarctic territories;

in the "Territorial Collectivities" like:

St. Pierre and Miquelon, Mayotte and in New Caledonia.

How long does it take to register a trademark in France?

Trademark registration in France can be done in about 4-6 months, depending on formalities and other procedures. Please note that if the trademark is not used for 5 years from the date of registration, it may be canceled. We invite you to talk to our French lawyers if you are interested in trademark registration in France.

How can a French trademark registration attorney help you?

Foreigners who want to register a trademark in France but do not live in this country can apply for legal aid. A French lawyer can make a trademark registration in France, immediately after receiving the necessary documents from the interested party. In this direction, the client will be represented with power of attorney. This service is also aimed at non-EU citizens who wish to protect their trademark, not before registering in France.

Estimated costs for trademark registration in France

Once the trademark registration procedures in France have started, applicants must also consider the costs involved. For example, there is a fee of approximately EUR 190, plus around EUR 40 per additional class, if the trademark involves several sectors of activity.

It is important to mention that the payment is made at the time of submitting the necessary documents.

Trademark protection in the European Union

Trademarks can also be protected with the help of agreements signed at the European level. In other words, your trademark cannot be used by foreign nationals of the 27 countries of the European Union, if it is registered in France. However, it is important to note that there are other costs. here is what you need to do to register a trademark in the European Union system:

If the trademark is not accepted in one of the 27 EU countries, then the registration application may be rejected.
There is a possibility to check the desired trademark for registration, in order to make sure that you do not use one already registered.
Once the filing of a national trademark in France is accepted, it gives priority to registration in the European Union.

What symbols can you register as a trademark in France?

Trademark applications containing offensive words and designs will be categorically rejected. Therefore, symbols, colors, designs, and words of any kind are accepted, as long as they are not offensive and do not violate well-known laws.

How our French lawyers can help you

It is essential to have specialized legal advice for trademark registration in France. The legislation may not be fully understood by foreigners interested in this case. And as trademark verification is required in advance, a French lawyer can provide support. He/she will cooperate with the competent authorities to be able to verify whether the respective trademark can be registered, without being subject to opposition applications.

Discuss all legal aspects of trademark registration in France with one of our attorneys. Also, if you want to open a company in France, do not hesitate to talk to us.

Regarding the registration of trademarks and patents in France, here are some statistics:

More than 100,000 trademark applications were registered in France in 2019.
France ranked 10th out of 121 countries in the world in terms of trademark applications by number, in the same year.
More than 19,700 patent grants have been registered in France in 2020 for residents, while just over 1,500 have been guaranteed for non-residents.

If you would like to register a trademark in France and need legal advice, please discuss with our law firm in France. Contact us right away.