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Amendments to Trademark Laws

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Sep 17, 2013 (Newsletter Issue 13/13)
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Local Trademark Regulation in French Polynesia

French Polynesia adopted a local trademark regulation, with the local Law n°2013-14 dated May 6, 2013 and the Local Decree n°1002/CM dated July 22, 2013.

In this new system, the former competences of the French national Office (INPI) are transferred to a local Polynesian Administration.

Owners of French national trademarks looking for protection in French Polynesia have to be especially vigilant as to the filing date of their French trademarks, which determines the action to be taken and the scope of protection:

- The recognition of currently valid French trademarks filed prior to March 3, 2004 (date of the autonomy Law of French Polynesia) is automatic in French Polynesia.
- The recognition of currently valid French Trademarks filed between March 3, 2004 and August 31, 2013 is optional. In this case, the protection in French Polynesia is subject to four requirements, namely a formal recognition request filed by the applicant before August 31, 2015 with the local Polynesian Administration (1), the payment of official fees (2), a formal recognition by Decree of the President of French Polynesia (3), and the publication of this Decree in the official Polynesian Gazette (4)
- From January 1st, 2014, applicants filing new French trademark applications with INPI will have the possibility to extend the protection in French Polynesia, subject to the payment of the corresponding tax. However, there is no precision regarding the period between August 31, 2013 and January 1, 2014.
- From the second semester of 2014, applicants willing to protect their trademarks in French Polynesia only (not in France) will have the possibility to file a direct application with the Polynesian Administration.

There is still a grey area for the period between September 1, 2013 and December 31, 2013 as no regulation have been issued yet.

Source: Ab Initio, France