Trademarks in Wallis and Futuna

Competent Authority

• Name of Office: National Institute of Industrial Property (INPI - Institut National de la Propriété Industrielle, France), acting with territorial effect extending to the Overseas Collectivity of Wallis and Futuna (Îles Wallis-et-Futuna).
• Working Language: French
• System Type: National French intellectual property extension system (French national trademark registrations automatically extend to Wallis and Futuna as an overseas territory of France).

International Treaties

• Madrid Protocol: Member (via France)
• Paris Convention: Member (via France)
• Madrid Designation: Wallis and Futuna is covered under international Madrid designations targeting France.

Who Can Apply

• Applicants: Natural persons and legal entities.
• Local Representative Requirement: Applicants not residing in the European Union, European Economic Area (EEA), or Switzerland must appoint a qualified professional representative (such as a representative / Conseil en Propriété Industrielle) authorized to practice before INPI.
• Power of Attorney: Not strictly required to be filed in original signed form if acting through an authorized professional representative, unless specifically requested under office rules.

Online Filing and Search

• Electronic Filing: Available online exclusively through the official INPI e-procedures portal.
• Search Database: Public trademark searches are accessible online via the 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 require a French translation where mandated by examiners.

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 rules.

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 conflicting 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 (electronic filing).
• Extra Class Fee: EUR 40 for each additional class.
• Renewal Fee: EUR 290 for the first 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 late 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 National Register of Marks to have full legal effect and be enforceable 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

• Unlike other French overseas entities that require explicit geographic checkboxes at the initial filing phase, a standard French national trademark registration natively covers Wallis and Futuna as part of its standard overseas territory extension. However, applicants must remain vigilant regarding mandatory EU/EEA representation rules if they are foreign entities, and ensure that strict 5-year post-registration use requirements are met locally to avoid non-use revocation actions.

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.