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Where to go for a trade mark lawsuit in France?

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What happens if you infringe a trademark in France?

Feb 27, 2020 · France: New Trademark Law. By Robin N. Baydurcan. On November 13, 2019, the French government published Order No. 2019-1169, followed by an implementing Decree on December 9, 2019. The purpose of this regulation was to incorporate into French law the EU Directive 2015/2436 and to simplify certain aspects of French trademark law and procedure.

Can a well-known trade mark be protected in France?

France: Trademark Law is Changing! The end of 2019 was rich in new legislative and regulatory changes for trademark law in France, with new rules instigated by a series of legislative acts. The changes in trademark law in France will take place in two stages. Most of them came into effect on December 11th, 2019 and are aimed to harmonization of ...

What are the competent courts for trade marks in France?

Feb 27, 2020 · The purpose of this regulation was to incorporate into French law the EU Directive 2015/2436 and to simplify certain aspects of French trademark law and procedure. Unless noted otherwise, the ...

Where is the French trade mark registered?

The registration of a French trade mark covers the French territory (continental France, overseas departments and New Caledonia) and, if expressly mentioned in the application form, French Polynesia. The latter option requires the payment of an additional fee.

How are company names protected in France?

Based on Article 1240 of the French Civil Code, the owner of a company name will be able to enforce its prior rights and oppose the latter use of an identical or similar sign for identical or similar services through unfair competition action or invalidity of a later trade mark, provided that a likelihood of confusion is established.

What is the INPI in France?

The INPI is in charge of examining French trade mark applications and rules on opposition proceedings filed by the owner of prior rights. It also intervenes in the application process of international trade marks through the World Intellectual Property Organization (WIPO).

How long does it take to get priority in France?

Priority must be claimed at the filing of the French trade mark application and within six months from the filing of the first application on which priority is based. A copy of the prior trade mark application must be submitted by the applicant within three months from the filing of the French trade mark application.

What is the INPI?

The INPI is in charge of examining French trade mark applications and rules on opposition proceedings filed by the owner of prior rights. It also intervenes in the application process of international trade marks through the World Intellectual Property Organization (WIPO).

How to acquire distinctiveness?

To acquire distinctiveness, the trade mark must have been used as a trade mark and as registered. According to case law, to demonstrate acquired distinctiveness, the trade mark owner shall prove its long, notable, and renowned use.

Which article of the ICP rules on trade mark invalidity?

As indicated above (see question 8.2), the INPI has concurrent jurisdiction under the new Article L. 716-5 of the ICP to rule on principal claims for trade mark invalidity. More precisely, only claims based on the following grounds shall be initiated before the INPI: