Nice classification, 10th edition

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, geographical names, holograms, colours, colour combinations, dispositions of colours, the three-dimensional form of a good or its packaging and any combination of the mentioned signs. Sound marks and olfactory marks can be registered, but must be suitably described to be approved by the National Institute of Industrial Property (I.N.P.I).
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and titles of establishment.

The application is filed at the National Institute of Industrial Property (I.N.P.I).
Electronic trademark applications are not yet possible.
Multiple-class applications are possible.
Foreign applicants do not need a local agent. A postal address within France is sufficient.
A power of attorney is not necessary unless the application is filed by more than one person or if the applicant is not part of the EU or EEA.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 4 to 6 months.
After registration, the trademark is published in the weekly “B.O.P.I. marques”.

National:
The opposition period is 2 months after publication of the trademark application.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
2 months as from the publication of the WIPO Gazette.

A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.

If the trademark has not been used within 5 years preceding the action, it may be cancelled through a court order. The five-year-period starts from the publication of the registration. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.

The official fee is EUR 225.00 for a paper TM application for up to three classes The official fee for online-filing of up to three classes is EUR 200.00. EUR 40.00 are due for each additional class, no matter whether paper or electronical application.
In case of application via fax, an extra charge of EUR 100.00 is due.

Trademark Licence Agreement
For recordal purposes and for evidentiary purposes, a licence should preferably be in writing. Oral licences are allowed but may be difficult to prove. As French practice only considers registered trademarks it is not permitted to license the use of unregistered trademarks. The sale of a registered trademark does not automatically terminate the licence agreement. A proprietor can register a user in respect of only some of the goods and/or services in respect of which the mark is registered. There are statutory provisions prescribing the terms of licensing.

In particular, the parties have to agree on:
1. The licensed mark and the licensed products/or services and the territory for which the licence has been granted
2. The consideration
3. Whether the licensee is allowed to act against infringers
4. The term of the licence
5. Whether the licence is exclusive or non-exclusive

Recordal
There are provisions in law for the recordal of a licensee with the Trademark Office. The provisions are voluntary. There is no time frame for a recordal, but it is recommended to record the licence as soon as it is concluded. For recordal purposes, a licence agreement has to be in writing. If the document is not drafted in French, a French translation will be required.

Effectiveness
A licence becomes enforceable upon the date of its recordal into the Trademarks Registry. Publication is not required. A copy of the licence may be obtained by any party filing a request with the French Trademarks Office.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use. A licensee may join the proprietor in infringement proceedings. A registered user may call upon the trademark owner to institute infringement proceedings. If the owner refuses or neglects to institute proceedings after being called upon by the licensee, the licensee can institute proceedings in his own name after a time period of 15 days. The licensee does not need to cite the proprietor a co-defendant in any such proceedings.

Search type	First class	Add. class
Word Mark Search (availability)	220,00 €	50,00 €
Word Mark Search (identical)	60,00 €	20,00 €
Extended Search (word mark, company name, domain)	350,00 €	50,00 €
Device Mark Search (availability)	410,00 €	170,00 €
Trademark Owner Search	140,00 €
Company Name Search	150,00 €
Domain Name Search (extended)	72,00 €
i-Search (word mark availability + legal opinion)	525,00 €	100,00 €

The Prices above are S.M.D. Markeur Search Fees

French Guyana (GF)
A national French trademark registration automatically gives protection in French Guiana. No further action is required. Community Trademarks are also valid in French Guiana. International Registrations designating France automatically extend to French Guiana. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

French Polynesia (PF)
A national French trademark registration automatically gives protection in French Polynesia. No further action is required. Community Trademarks are not valid in French Polynesia. International Registrations designating France automatically extend to French Polynesia. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

French Southern Territories (TF)
A national French trademark registration automatically gives protection in the French Southern Territories. No further action is required. Community Trademarks are not valid in the French Southern Territories. International Registrations designating France automatically extend to the French Southern Territories. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

Guadeloupe (GP)
A national French trademark registration automatically gives protection in Guadeloupe. No further action is required. Community Trademarks are also valid in Guadeloupe. International Registrations designating France automatically extend to Guadeloupe. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

Martinique (MQ)
A national French trademark registration automatically gives protection in Martinique. No further action is required. Community Trademarks are also valid in Martinique. International Registrations designating France automatically extend to Martinique. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

Mayotte (YT)
A national French trademark registration automatically gives protection in Mayotte. No further action is required. Community Trademarks are still not valid in Mayotte. International Registrations designating France automatically extend to Mayotte. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

New Caledonia (NC)
A national French trademark registration automatically gives protection in New Caledonia. No further action is required. Community Trademarks are not valid in New Caledonia. International Registrations designating France automatically extend to New Caledonia. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

Réunion (RE)
A national French trademark registration automatically gives protection in Réunion. No further action is required. Community Trademarks are also valid in Réunion. International Registrations designating France automatically extend to Réunion. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

Saint Barthélemy (BL)
A national French trademark registration automatically gives protection in Saint Barthélemy. No further action is required. Community Trademarks are also valid in Saint Barthélemy. International Registrations designating France automatically extend to Saint Barthélemy. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

Saint Martin (French Part) (MF)
A national French trademark registration automatically gives protection in Saint Martin. No further action is required. Community Trademarks are also valid in Saint Martin. International Registrations designating France automatically extend to Saint Martin. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

Saint Pierre and Miquelon (PM)
A national French trademark registration automatically gives protection in Saint Pierre and Miquelon. No further action is required. Community Trademarks are not valid in Saint Pierre and Miquelon. International Registrations designating France automatically extend to Saint Pierre and Miquelon. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.

Wallis and Futuna (WF)
A national French trademark registration automatically gives protection in Wallis and Futuna. No further action is required. Community Trademarks are not valid in Wallis and Futuna. International Registrations designating France automatically extend to Wallis and Futuna. The period of opposition against International Registrations designating France is 2 months from the date of publication in the WIPO Gazette.