France & French Caribbean Trade Mark Guide

Registration
A trade mark can be registered in France pursuant to Law No. 91-7 of January 4, 1991 on Trademarks and Service Marks which provides for local trade mark applications dating from receipt of the application.

The following information and documentation is required:

1. name of the trade mark
2. one copy of the mark (unless mark is word only)
3. class(es) and specification of goods
4. applicant’s name and address (and state or country of incorporation if applicant is a company)
5. copy of priority document (if priority is claimed) (with French translation)

It usually takes about eight months for the Director General at the National Institute of Industrial Property (INPI) to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Director General will issue a Certificate of Registration.

Trade marks registered in France automatically provide registered protection in French Overseas Departments and Territories (DROM) namely Guadeloupe, French Guiana, Martinique, Mayotte and Reunion and the Overseas Communities (COM) which are Saint Barthelemy, Saint Pierre and Miquelon, Wallis and Futuna, Saint Martin and New Caledonia. No separate cover is possible.

Since 1 February, 2014 it is possible to extend coverage to French Polynesia pursuant to Law No. 2013- 14 of May 6, 2013, Article LP 138 and Order No. 1002 CM of July 22, 2013. The extension must be expressly requested in the application and will be effective only if the French application is granted.

Classes
The International Classification system is used. Multi-class applications are allowed.

Searches
In order to conduct a search the documentation required is the name of the trade mark, one copy of the mark (unless mark is word only) and a list of the proposed goods and/or services. The result can usually be provided within two weeks.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse.

The application for renewal should be filed prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time a new application for registration is required.

It usually takes about 4-5 months for the Director General to process an application for renewal. Once the renewal is complete the Director General will issue a Notice of Renewal.

Renewal of an extension to French Polynesia must be expressly requested in the application and will be effective only if the French application is granted.

If you do not wish to renew the mark please inform us so that we can advise the Director General accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Director General accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in France.

To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (with French translation).

It usually takes about 2-3 months for the Registrar to process an application to record an assignment. Once the recording is complete the Director General will issue a Certificate of Registration of Assignment.

All recordals entered on the French Register against registrations extended to French Polynesia automatically have effect in French Polynesia.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in France.

To record a change of name for a trade mark registration the only documentation required is a copy of the document evidencing the change (with French translation). To record a change of address no documentation is required.

It usually takes about 2-3 months for the Director General to process an application to record a Change of Particulars. Once the recording is complete the Director General will issue a Certificate of Recording showing the change.

All recordals entered on the French Register against registrations extended to French Polynesia automatically have effect in French Polynesia.