Trademark

A trade mark is a sign used to distinguish the goods or services of one natural or legal person from those of others. It is defined in Article L. 711-1 of the French Intellectual Property Code. The sign may be a word, a name, a slogan, a logo, a shape, a colour, a sound or even a motion, provided it can be represented on the register in a clear and precise manner. Trade mark rights are acquired by registration, in France before the INPI, for ten years, renewable indefinitely.

Conditions of validity

The sign must be distinctive, that is, capable of identifying the origin of the goods or services. Descriptive, generic or customary terms are excluded, as are shapes dictated by the nature or function of the product. The sign must also be lawful: it must not be contrary to public policy or to good morals, must not deceive the public and must not reproduce a protected emblem or an appellation of origin. Finally, the sign must be available, meaning it must not infringe earlier rights, which calls for a clearance search before filing.

Rights conferred and their limits

Registration confers a property right in the sign for the designated goods and services. The owner may prohibit use in the course of trade of an identical or similar sign where there is a likelihood of confusion and, for a mark with a reputation, even for dissimilar goods. The owner may assign the mark, license it and pledge it. In return, the mark must be put to genuine use: after five years without use it becomes liable to revocation. It may also be revoked if it becomes the common name of the product or if it becomes misleading.

Enforcing the mark

The owner may oppose later filings before the INPI, bring cancellation proceedings and an action for trade mark infringement before the specialised courts, and apply for customs detention. At European level, the EU trade mark provides a unitary title. In practice, the value of a mark is built through a well-designed filing, regular watching and consistent enforcement. The firm handles such disputes as part of its intellectual property practice.