Trademarks in France

Competent Authority & System

Official Authority: National Institute of Industrial Property / Institut national de la propriété industrielle (INPI).

Official Language: French (All application documents and communications must be filed in French).

System: National IP system. As an EU Member State, protection in France can also be obtained via European Union Trademarks (EUTM) administered by the EUIPO.

International Treaties

Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. France can be designated in international applications via WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Applicants established outside the European Union (EU) or European Economic Area (EEA) must be represented by an authorized agent (such as a French Representative / Conseil en Propriété Industrielle or a representative-at-law).

Power of Attorney (POA): A formal Power of Attorney is not required for qualified French or EU/EEA representatives acting on behalf of the applicant, unless explicitly requested by INPI in contested or specialized matters.

Online Services & Database

E-Filing: Mandatory online application submission via the INPI e-procedures portal (Portail e-procédures).

Free Trademark Search Database: Public searches can be conducted free of charge via the official INPI database (Data INPI / Marques), as well as TMview, EUIPO eSearch plus, and the WIPO Global Brand Database.

Registrable Mark Types

Types: Words, figurative/logos, slogans, 3D shapes/packaging, color combinations, sound (audio files or notation), motion, multimedia, holograms, and pattern marks capable of clear visual or digital representation in the register.

Foreign Characters & Translation: Applications containing non-Latin scripts or foreign words must include a transliteration into the Latin alphabet and a translation into French.

Classification Framework

Nice Classification: Applies the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Class Headings: Accepted, provided they comply with standard EU common practice (IP TRANSLATED principles) for clarity and precision.

Examination Process

Examination Scope:

Formal & Absolute Grounds: Examined ex officio by INPI (distinctiveness, descriptiveness, genericness, public order/morality, deceptive signs).

Relative Grounds: INPI does not ex officio examine or issue refusals based on prior conflicting trademarks. Relative grounds are evaluated exclusively through the third-party opposition mechanism or administrative invalidation proceedings.

Office Action Deadlines: Standard response time for formal deficiency letters or provisional refusal notices is typically 1 to 2 months from official notification.

Publication & Opposition

Opposition Window: 2 months starting from the publication date of the application in the Official Bulletin of Industrial Property (BOPI).

Standing: Owners of earlier registered national or EU trademarks, pending applications with earlier priority, well-known marks under Article 6bis of the Paris Convention, trade names, domain names, or company names.

Timeline & Expedited Examination

Average Timeframe: Approximately 4 to 6 months from filing to registration in smooth cases without office objections or third-party oppositions.

Expedited Examination: Fast-track processing is not standardly available as a paid commercial option, as digital filings move rapidly through standard INPI electronic workflows.

Official Fees

Official statutory fees at INPI (electronic filing system):

Base Application Fee (1 Class): €190.

Additional Class Fee: €40 per class exceeding the 1st.

Official Renewal Fee (1 Class): €290.

Renewal Additional Class Fee: €40 per class exceeding the 1st.

Official Opposition Fee: €400 base fee (for one prior right invoked) + €150 per additional prior right invoked.

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms. Renewal applications can be filed within 12 months prior to the expiration date.

Grace Period: A 6-month grace period post-expiration is granted for late renewal, subject to an official late surcharge of 50% of the renewal fee.

Use Requirements & Priority System

Priority System: First-to-file system.

Non-Use Cancellation: A registered trademark becomes vulnerable to administrative revocation (déchéance) on non-use grounds if it is not put to genuine commercial use in France for a continuous period of 5 years following registration.

Declaration of Use: No periodic maintenance declarations or affidavits of use are required during routine renewals.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledges, and changes of corporate details (name/address) must be officially registered in the National Register of Trademarks at INPI to be legally binding against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Direct administrative procedures exist before INPI for non-use revocation (déchéance) and absolute/relative invalidity claims (nullité), parallel to specialized judicial courts (Tribunaux judiciaires).

Customs Enforcement: Rights holders can file applications for customs border detention (demande d'intervention) with French Customs (Douane française) under EU Customs Regulation (EU) No 608/2013 to detain counterfeit goods at the border.

Country-Specific Risks & Practical Insights

No Ex Officio Relative Grounds Examination: INPI does not issue ex officio refusals based on prior conflicting marks. Rigorous trademark monitoring is essential to intercept conflicting filings within the strict 2-month opposition window.

Administrative Invalidation at INPI: Post-reform administrative procedures allow non-use revocation and invalidity actions to be adjudicated directly by INPI, providing a faster and less costly mechanism than civil court litigation.

No Representative POA Mandatory: Licensed representatives filing via INPI e-procedures do not need to upload a Power of Attorney, streamlining filing logistics.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.

France is also covered by the EU trade mark, which protects a mark in all EU member countries with one filing. See regional systems.