Trademark Law – France
A trademark or service mark is a sign capable of graphic representation which serves to distinguish the goods or services of a natural or legal person.
By registering a trademark, you protect the sign representing the origin of your product, service or company. This will ensure that your clients can identify your company and grant you a competitive advantage over your competitors. A trademark can either be a word, a logo, or a sound, which will be distinctive and unique.
Filing for a trademark in France, in the European Union or internationally will help you develop your marketing tools and your business. It will also grant you a tool that you will be able to use against indelicate competitors.
You trademark is an intangible asset whose value is considerable for your company. Registering a trademark will ensure that you are the only person who can use this sign to market and sell your products and services.
We can assist you for any trademark related issue, in France and internationally.
Trademark Legal Advice
- French trademark registration (INPI), European trademark registration (EUIPO), International trademark registration (WIPO) and exchange with intellectual property offices in case of notification of irregularity,
- Trademark registration renewal,
- Trademark portfolio management, strategy and trademark renewal,
- Strategy in case of notorious trademark,
- Trademark inscriptions on the Offices’ registry : trademark licensing, trademark cession, trademark limitation,
- Proactive actions in order to protect the distinctiveness of a trademark (cease and desist letters, various actions to ensure the trademark is known as such),
- Search of prior trademark registration and use on trademark registries and online,
- Drafting and negotiating of trademark exploitation contracts (trademark cession, sale and purchase of trademark, transaction following litigation, trademark valorization, trademark licenses, trademark coexistence),
- Customs supervision on a trademark against illicit importations and exportation of infringing merchandises (in France or at the Community Level).
Trademark Litigation
- Cease and desist letter ;
- Trademark oppositions following a trademark filing at the INPI or EUIPO, as a claimant or defendant ;
- Exchange with customs and litigation following Customs withholding (in France or at the Community level) ;
- Emergency actions (seizure for infringement, request to ban) ;
- Action for forfeiture of trademark, as a claimant or defendant (deceiving character, lack of use…), in first instance (TGI) or appeal (Cour d’Appel) ;
- Trademark invalidity action, as a claimant or defendant, in first instance (TGI) or appeal (Cour d’Appel) ;
- Trademark infringement action, as a claimant or defendant, in first instance (TGI) or appeal (Cour d’Appel) ;
- Unfair competition and parasitism action, as a claimant or defendant, in first instance (TGI) or appeal (Cour d’Appel).