FRANCE Law and Practice Contributed by: Véronique Millischer, Léna Sersiron, Eléonore d’Anthonay, Guillaume Nataf, Olivia Chriqui-Guiot, Pauline Celeyron, Damien Berruyer and Nella Picou, Baker McKenzie Paris
Registration Process A French trade mark application is filed with the INPI, specifying the sign and the goods and services, according to the Nice Classification, for which the protection is sought. The INPI examines absolute grounds for refusal and publishes the application, and third parties may file observations or oppositions based on earlier rights. If no refusal or successful opposition is raised, the mark is registered. Protection in the French territory may also be obtained through an EU trade mark filed with the EUIPO, or through an international registration designating France or the EU under the Madrid system and filed with the WIPO. Enforcement and Remedies The trade mark owner may prohibit unauthorised use of identical or similar signs for identical or similar goods or services provided that there is a use in the course of trade and such use is likely to generate like - lihood of confusion in the public’s mind. The trade mark owner may also rely on enhanced pro - tection for marks with a reputation allowing the owner to claim protection beyond the goods and services for which the trade mark is registered, provided that certain conditions are met. The trade mark owner may seek injunctions, dam - ages, seizure of evidence ( saisie - contrefaçon ), recall or destruction of infringing goods, and publication of the judgment. Customs measures and criminal sanc - A design protects the appearance of the whole or part of a product resulting, in particular, from the features of lines, contours, colours, shape, texture or materials of the product or its ornamentation. To be protected as a registered design, it must be new and have indi - vidual character. Length of Protection A French registered design is protected for an initial period of five years from filing and may be renewed in five-year periods up to a maximum of 25 years. At tions may also be available. 7.3 Industrial Designs Definition
A search report is drawn up, and the application is generally published 18 months after filing. Protection may also be obtained in France through a European patent filed with the European Patent Office, with or without unitary effect where applicable. Enforcement and Remedies The claims define the scope of the protection. Pat - ent owners may bring civil infringement proceedings before the competent specialised judicial courts and may seek preliminary or permanent injunctions, sei - zure of evidence ( saisie - contrefaçon ), damages, recall or destruction of infringing goods, and publication of the judgment. Certain acts of patent infringement may also give rise to criminal liability, and customs meas - ures may be available. 7.2 Trade Marks Definition A trade mark is a sign used in the course of trade to distinguish the goods or services of one undertak - ing from those of others. It may consist, in particular, of words, names, logos, letters, numerals, colours, shapes, sounds or other signs, provided that it can be represented in the register in a manner enabling the competent authorities and the public to determine the clear and precise subject matter of protection. To be eligible for trade mark protection and ensure the function of guarantee of origin, the sign must also be distinctive (ie, it must be unrelated to the goods and services for which the protection is sought) and not be generic, descriptive, or common in relation to the goods or services in question. Moreover, the sign must also be lawful, non-deceptive and available (ie, distinct from prior third-party rights). Length of Protection A French trade mark registration is valid for ten years from the filing date and may be renewed indefinitely for further ten-year periods, subject to renewal for - malities and payment of fees. A trade mark may be revoked, notably for non-use in case the mark has not been genuinely used for an uninterrupted period of five years or in case the sign has become the common commercial designation of the product or service at stake.
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