Trademark protection in France

An Expert's View about Trademark Protection in France

Last updated: 18 Feb 2011

Trademark protection in France is only obtained through registration, use does not confer rights.

Trademark registration in France may be sought through National French registration, through the designation of France via an International Registration according to the Madrid Agreement and Protocol system, and through the designation or the direct registration of a Community Trade Mark covering the European Union.

The Office for Harmonization in the Internal Market (Community trademarks and designs) has recently issued a notice confirming that the scope of protection of a Community Trademark (or Design) registration does not extend to some territories which have specific relationship with European Union member states.

As concerns more particularly France, a Community trademark registration scope of protection does not extend to some French Overseas territories, namely New Caledonia and dependencies, French Polynesia, Mayotte, French Southern and Antarctic Territories, Wallis and Futuna Islands, Saint Pierre and Miquelon.

Trademark owners which are doing business in these overseas territories should therefore check carefully whether they have a valid French trademark registration.

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Posted: 18 February 2011, last updated 18 February 2011

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Trademark protection in France   By CORMIER REISS & Associés