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French Trademark Registration |
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French trade mark registration authorities
French director of the department are trademarks of National Industrial Property Office(INTI: INSTITUT NATIONAL DE LAPROPRIETE INEUSTRIELLE)。In addition to the Board with headquarters in Paris, but also Bordeaux, Lyon, Marseille, Nancy, Nice, Rennes, Strasbourg and other large and medium-sized city with seven sub 。The admissibility of the department are registered trademarks of National Industrial Property Office and around the commercial court。As a result, the French trade mark registration has two ways: First, trade mark applicants to the National Board of Industrial Property (Paris headquarters or one of the above-mentioned seven sub-) registration;Second, the companys commercial court (TRIBUNAL DE COMMERCE) registration. Both registration methods have the same legal effect.
Can not mark as a trademark
1, contrary to public order and public morality marker; 2, in violation of the "Paris Convention" the prohibition of the use of tags marking requirement;
3, on merchandise or services or the quality of the contents of that nature with a marker; 4, there is to deceive the public and of the marker.
How to apply for trademark registration in France
First、 Required to submit the application documents
1. Just a personal capacity by submitting their personal copy of ID card or passport; company business license application to submit a copy of a copy of the company.
2. The name of the applicant, address in both English and Chinese
3. A trademark design, specifications for the 4 × 4CM to 10 × 10CM
4. The need to protect the commodity / service name and category
5. Completing the application form signed by the applicant.
Second、 French trademark registration process
French National Industrial Property Registration in the trademark application forms received after the review of the trade mark in order to decide whether to approve the register.
The focus of the review of the following three aspects: 1、The legitimacy of a trademark provides: Industrial Property in the country after the receipt of the application has 4-month period to examine whether the trade mark contrary to the relevant provisions of the trademark characters and graphics suitability as a trademark.
2、 Review the legality of trade marks: National Industrial Property Office trademark applications received at 6 weeks after the application is made public, all think the same has been registered trademark of the company or similar objection can be made.Its procedures are to the National Industrial Property Office to fill in a "No registry" (OPPOSITIONALENREGISTIEMENT), detailed description of the grounds and in accordance with their own。
3、 Whether or not the application form filled out right: If the National Industrial Property Office does not consider the application for the above two criteria, will refuse to ratify the trade mark。Such as a trade mark application was rejected by National Industrial Property Office, the applicant to the Court of Appeal (COUR DAPPEL) appeal, National Industrial Property Office of the requirements for a rehearing.
4、French trademark registration: such as National Industrial Property Office approved the registration of a trademark application, the applicant will be issued a "trade mark registration number" and "trademark registration" and announced。Trademarks of the date of entry into force of the national Industrial Property Office or the Commercial Court of applications received, whichever is。If you register a trademark was finally approved, the effective date of its trademark for the home from the Industrial Property Office or the Commercial Court of receipt of an application to start.
5、French trademark protection: the protection of the French trademark for 10 years. After the expiration of six months can be renewed.
Note: the French Parliament in December 1991 adopted the First Amendment-based case of trademark protection, trademark infringement provisions of the statute of limitations for prosecution of 5 years,In other words, if a legally registered trade mark the entry into force of 5 years, other companies can no longer own the trademarks and trademarks similar to the prosecution of its infringement on the grounds.
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