TRADEMARK APPLICATION FILING IN
France

In France, Institut National de la Propriété Industrielle/National Institute of Industrial Property (INPI) is the main authority responsible for handling all matters related to intellectual property. Whether it is patents, trademarks, or designs, INPI ensures their protection by offering services like registration, examination, and ongoing maintenance. In addition, INPI also plays a key role in encouraging innovation and making valuable intellectual property accessible to industries and researchers.

France follows a "first-to-file" system for trademark registration, which means the first person to file an application generally gets the rights. All trademarks must meet the requirements set out in the French Intellectual Property Code, particularly under Part VII. 

The trademark registration before the French Patent and Trademark Office (INPI) can either be filed through an online portal or offline mode.

Multi-class applications are allowed by the French Patent and Trademark Office (INPI).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted within three months of the filing date along with a translation into French.

The process of registering a trademark in France begins with the submission of the application before the French Patent and Trademarks Office (INPI). Once the TM application is filed, the INPI will assign a national application number. The application undergoes a formal examination to ensure it meets all the required standards. If any issues or discrepancies are identified during the evaluation, the INPI will notify the applicant and provide a one-month time to reply to the issued office action/examination report. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Official Industrial Property Bulletin, initiating a two-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favor of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begin when an opponent files a notice of opposition. The applicant will receive the notice, and the INPI  will assess its admissibility. During this stage, the application may be denied partially or completely. Based on the submission and evidence, INPI then makes a decision on whether to accept or reject the application.

A trademark registration in France is valid for a period of ten years. The trademark must be renewed before the end of twelve months of the current term to maintain protection for an additional ten years. However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with the requisite penalty. 

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in France takes four to six months in straightforward cases.

As per the World Intellectual Property Organization’s 2023 data, France ranks eighth worldwide for trademark filings. It also holds strong positions within the region, second in Western Europe and third in Europe overall. Well-known French brands like L’Oréal and Renault have been among the top Madrid System applicants from 2021 to 2023. France’s strong reputation in intellectual property does not just attract local businesses major players from countries like the United Kingdom, the United States, and China also register their trademarks in France to enhance their brand image and presence in the European market. As of 2023, there were approximately 1.66 million trademarks active in France.