Trademarks

“Trademarks is a legal title”

The trademark is a legal title that allows its owner to protect the names, signs, logos or colors to be affixed to goods or used to designate services in such a way that the public can differentiate it from the competition.

“The right to the trademark arises from the date of its filing”

The right to the trademark arises from the date of its filing with the relevant office (INPI, EUIPO, …), provided that the name, logo or color are free of exploitation in relation to the prior trademarks.

“The legal title registered at the I.N.P.I. gives the holder a private right and a monopoly”

The legal title (trademark) filed at the relevant office (INPI, EUIPO, …) gives the owner a private right and a monopoly on his name, sign, logo, color on the condition: to exploit it directly or indirectly (license): risk of forfeiture within a period of 5 years from the date of filing, to renew it by period of 10 years without limitation.

“The legal title allows its holder to prohibit third parties from using it”

The legal title granted by the relevant office (INPI, EUIPO, …) Allows its holder to prohibit third parties from using a name, a sign, a logo, a color similar or close for identical or similar products or services (counterfeit). The action occurs when there is a risk of confusion for the public about the origin of the product or service.

“Trademarks without distinctive features”

Trademarks that are devoid of distinctive character according to the law are : signs or names which, in everyday or professional language, are exclusively the necessary, generic or usual designation of the product or service;signs or names which may serve to designate a characteristic of the product or service, and in particular the kind, quality, quantity, purpose, value, geographical origin, or the time of production of the good or provision of the service ; signs consisting exclusively of the form imposed by the nature or function of the product, or conferring on it its substantial value.

“Marks that may not be adopted as a trademark”

Trademarks that may not be adopted as trademarks are those: Contrary to public policy or morality, or whose use is legally prohibited; Of such a nature as to deceive the public, particularly as to the nature, quality or geographical origin of the product or service.

“There are different procedures for obtaining trademarks abroad”

There are different procedures for obtaining trademarks abroad under a 6-month priority from the date of filing in France:
1 – National application in the foreign country.
2 – Filing of an international trademark: single filing for a set of countries, independent examination in certain countries.
3 – Filing a Community trademark: single examination procedure.