Trademarks in New Caledonia

Competent Authority

• Name of Office: National Institute of Industrial Property (INPI - Institut National de la Propriété Industrielle, France), with local administrative effects managed via extension systems applicable to New Caledonia (Nouvelle-Calédonie).
• Working Language: French
• System Type: Territorial extension system linked to French national trademark law (similar to French Polynesia, standard mainland French trademark registrations do not automatically cover New Caledonia unless explicitly extended).

International Treaties

• Madrid Protocol & Paris Convention: Covered via France’s membership; international Madrid designations must explicitly or effectively target the territorial scope under French law provisions.

Who Can Apply

• Applicants: Natural persons and legal entities.
• Local Representative Requirement: Foreign applicants outside the European Union must appoint a qualified professional representative (such as a representative / Conseil en Propriété Industrielle) authorized to practice before INPI.
• Power of Attorney: Generally required when acting through a professional representative, following standard INPI practice rules.

Online Filing and Search

• Electronic Filing: Available online through the official INPI e-filing portal.
• Search Database: Public trademark searches are accessible via the online INPI databases.

Protectable Trademark Types

• Types: Word marks, figurative marks, semi-figurative marks, shape marks, sound marks, and other distinctive signs recognized under French intellectual property provisions.
• Translation/Transliteration: Foreign words or non-Latin characters must include a French translation where required by the examiner.

Classification

• Classification System: Nice Classification.
• Multi-Class Applications: Supported.
• Extra Fees: Official filing fees apply per class.

Examination

• Absolute Grounds: Examined ex officio by INPI for distinctiveness, lawfulness, and public order.
• Relative Grounds: Under current INPI practice rules, relative grounds (prior rights) are handled through opposition frameworks or specific review standards aligned with French intellectual property updates.

Publication and Opposition

• Opposition Period: 2 months from the publication date of the trademark application in the Official Bulletin of Industrial Property (BOPI).
• Standing: Holders of earlier rights can file an opposition electronically through the INPI platform.

Timelines

• Registration Timeline: Generally takes approximately 4 to 6 months for a straightforward, unopposed application processed through INPI.

Official Fees

• Application Fee: EUR 190 for the first class of goods or services.
• Extra Class Fee: EUR 40 for each additional class.
• Renewal Fee: EUR 290 for one class.
• Source: INPI official fee schedule.

Protection Term and Renewal

• Protection Term: 10 years from the date of filing of the application.
• Renewal Grace Period: A 6-month grace period applies following the expiration date, subject to additional surcharges.

Use Requirement

• Non-Use Cancellation: A trademark is vulnerable to revocation for non-use if it has not been put to genuine use in the relevant territory for a continuous period of 5 years.
• System Type: "First-to-file" principle.

Post-Registration Procedures

• Assignments and Changes: Changes in ownership, name, address, and the recordal of licenses must be entered into the INPI register to have full legal effect against third parties.

Legal Remedies

• Infringement & Cancellation: Handled through designated competent judicial courts under applicable French intellectual property code provisions extended to overseas collectivities.

Country-Specific Risks and Practical Notes

• A critical procedural trap for applicants is that standard mainland French trademark registrations do not automatically cover New Caledonia. The specific territorial extension for New Caledonia must be explicitly elected and paid for at the time of filing the French national application. It cannot be retroactively appended later if omitted at the initial filing stage.

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.