The wording of this FAQ is simplified in order to present the essential principles underlying the basic intellectual property concepts such as patents and trademarks. The texts do not reflect all the complexities of patents and trademarks procedures and should not be used as working documents. Non contractual document.
How do I know if third parties are filing new identical or similar trademark to my trademark? +
Our firm sets up a legal watch service whose purpose is to raise new deposits on any register in the world. Thus, you may be aware of the trademarks of your competitors/distributors/dealers/franchisees/third parties in bad faith or simply a third-party filing with which you have no connection. Monitoring is also possible among commercial registers and domain names.
How many territories refer to the European Union trademark? +
The European Union trademark covers the 28 countries that are members states of the European Union, including France and, for the time being, the United Kingdom. To date, no provision is known regarding this territory following the Brexit.
Does the INPI refund the official taxes if the certificate of registration of the trademark is finally not issued? +
The French Intellectual Property Office does not refund the Official fees for trademarks filed, even if the certificate of registration is not granted
Does the INPI carry out a prior art search and alert applicants by following identical or similar prior rights? +
It is not in the attributions of the French Intellectual Property Office (INPI) to carry a prior art search of new trademarks filed, unlike some other foreign Intellectual Property Offices.
What does the ® / ™ / © symbol mean +
The symbol ® means Registered Trademark (registered trademark, validated by the Office) / the symbol ™ means Trademark (trademark simply registered with the Office) / and the symbols © means copyright. If in France there is no legal requirement to use these symbols on your products, it is advisable to affix them to protect your products and to prevent third parties and draw their attention to your interest in your industrial property rights. However, conditions of use aply to the use of these symbols, to avoid the deception of the consumer.
What is the added value of your Firm compared to the steps taken directly with the Offices? +
The contributions of our team of IP experts are multiple but the main ones would be: a saving of time due to our personalized administrative tools, a legal security thanks to our advanced experience of the field, the serenity with regard to the legal deadlines and management of the IP titles within the framework of the renewals of the rights, a simple and direct on-line access to all your IP titles managed by Ipside thanks to our IP portfolio management system, the preservation of a competitive advantage through a legal watch service.
Should we re-register a trademark or renew it? +
It is strongly recommended to renew an existing trademark in order to pursue the prior rights attached thereto instead of re-filing a trademark whose rights will go back to this new filing.
What are the deadlines for renewing a trademark? +
The rights attached to the French, European Union or international trademarks are valid indefinitely subject to a formal renewal every 10 years. Performance of this formality is limited in time i.e. 6 months before the trademark expiration date and 6 months after this moment, subject to payment of an official surcharge.
Can a trademark be renewed by another holder than the one who filed? +
The ownership transfer registrations prior to renewal are strongly recommended to avoid any loss of rights.