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Feb 27, 2020Ā Ā· 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.
Feb 27, 2020Ā Ā· On November 13, 2019, the French government published Order No. 2019-1169, followed by an implementing Decree on December 9, 2019. The purpose ofā¦
Jul 03, 2015Ā Ā· It must not misrepresent the nature, quality, or origin of a product. It cannot be against the law or offend morality and public order. Also, verify that the brand/mark does not infringe on a prior right of a third party. The process of registering a trademark. Any company can register a trademark; it is even possible to file by proxy.
A trademark is defined by the Code of Intellectual Property as a graphic identifying mark or sign that serves to distinguish the products or services of an individual or corporate body.
A companyās brand can take many forms; it can be a combination of words or letters, a family name, etc...
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.
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.
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).
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.
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).
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.
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:
In France, trademark infringements constitute both a civil tort and a criminal offence. Therefore, trademark infringement lawsuits may be examined by Criminal or Civil Courts. Most of the time, the trademark owner chooses the civil route. The main difference is that good faith is a valid defense before a criminal court but it is no defense before a civil court.
There is no such thing as a common law trademark in France. Unlike the U.S. trademark system, within which trademark rights may exist on trademarks that are not registered, under French and EU law, trademarks are protected only upon registration with the Trademark Office. Except in very specific and limited cases, the mere use of a trademark does not create rights.
Heritage Le Tan Pty Limited, an Australian Private Company, acquired the number one tanning brand āLe Tanā in Australia in 2015, filed a trademark application for its iconic house mark (see below) on āSunscreen preparations; sun-tanning preparations; cosmeticsā in...
Menlo Park, CA ā June 3, 2021 ā Today, Lex Machina and LexisNexis release their Copyright and Trademark Litigation Report looking at copyright and trademark litigation trends in federal district court. It focuses on the three-year period of 2018 to 2020 and includes...
Lidl has been forced to stop selling its own brand gin on the grounds that it looks too similar to that produced by premium gin maker, Hendrickās. The move to ban the sale of the lookalike gin came following a trademark infringement claim brought by Scottish gin...
The International Trademark Association (INTA) has filed an amicus brief before the Grand Board of Appeal (GBoA) of the European Union Intellectual Property Office (EUIPO) in two parallel cases related to the registrability of country names or other geographical names...
Smiley Miley, Inc. (āSMIā), owned by American singer Miley Cyrus, has won a six year battle to register the trademark MILEY CYRUS in the EU. The...
The International Trademark Association (INTA) recently released an updated version of its best practices document to help brand owners, online marketplaces, and other relevant stakeholders combat counterfeiting on the Internet. The release coincides with World...
In a battle between a bull and a horse, the Honāble High Court of Delhi passed ex-parte ad interim injunction against the horse based on well-known status given by WIPO to the Bull. The three set parameters for a mark to attain Well Known status as per Indian...