Trademark

As defined in industrial property, the trademark is a “sign” serving to distinguish your products or services from those of your competitors.

Interest

By registering your trademark with the INPI, you obtain exclusive rights on French territory of 10 years, renewable indefinitely.

The trademark allows you to introduce and promote your products and services and distinguish them from those of your competitors. It offers consumers an essential point of reference.

It represents your firm’s image and acts as guarantor of a certain constancy in quality in the eyes of the public.

You are the only one allowed to use it, which provides for better product and service marketing and promotion.

You may initiate legal proceedings against anyone imitating or using your trademark.

Your trademark protection may be extended to the Community and international levels.

Constraints

The sign you choose as a trademark must be represented graphically. It may take varied forms such as a word, a name, a slogan, digits, letters, a design, or a logo.

Certain signs may not be trademarked, such as a word or expression that designates your product or service, for example, or terms that could confuse consumers regarding your product’s nature, characteristics, or origins.

Precautions

To become the owner of a trademark, you must register it with the INPI.

Before registering your trademark, you must ensure that the sign you have chosen is available, that it does not copy or imitate a sign that is already protected by trademark, for products or services that are identical or similar to yours. If your trademark is not available, it may be contested at any time by the owners of previous trademarks who may, for example, sue you for counterfeiting or unfair practices and prevent you from using your trademark.

Once your trademark has been registered, ensure that no one uses or imitates it for identical or similar products. Defend it by opposing new trademarks that may be registered and that imitate it.

To maintain your exclusive rights to your trademark, you must pay a renewal fee every 10 years.

Use your trademark yourself or through others: you may sell, contribute to a corporation, or transfer the commercialization, etc. of your trademark. Otherwise, you may lose your exclusive rights.