What is a trademark ?
Finally understand what a Brand is.
PROPRIÉTÉ INTELLECTUELLE
Introduction
In a world of constant commercial and communication change, protecting brand identities is essential to maintaining consumer confidence and ensuring fair competition. Trademark law is one of the most important legal tools for achieving this objective. But what exactly is a trademark, and how does trademark protection work? This article gives you an overview of trademark law, from its definition to its importance in the economic and commercial landscape.
For more information, please also consult the page dedicated to trademark law: Click here.
Definition of a trademark
A trademark is a distinctive sign used by a company to identify and distinguish its products or services from those of others. It can take various forms, such as a name, logo, slogan or sound, and is registered with a competent authority (in France, the trademark is registered by the INPI). Trademark law gives its owner an exclusive right to use this distinctive sign for a period of ten years, renewable indefinitely, provided that the trademark is used and renewed regularly. This exclusive right enables the trademark owner to prevent other persons or companies from using an identical or similar sign for identical or similar products or services, in order to avoid any confusion in the minds of consumers.
Note: A trademark protects the commercial identity of a product or service, ensuring its recognition and reputation in the marketplace.
Les conditions de dépôt de marque
For a trademark to be registered and protected, a number of conditions must be met.
Distinctiveness : The trademark must be distinctive, i.e. it must clearly identify the goods or services of a company and distinguish them from those of others. It must not be descriptive of the goods or services it designates.
Availability : The trademark must be available, i.e. it must not be identical or similar to a trademark already registered for identical or similar goods or services. A prior art search is therefore required before filing. (INPI does not check this condition. It is therefore up to the applicant to be diligent when filing and to defend his trademark rights by monitoring subsequent filings by third parties).
Legal compliance : The trademark must not be misleading (non-deceptiveness) or contrary to public policy or accepted principles of morality.
Trademark registration procedure
The procedure for registering a trademark with the Institut National de la Propriété Industrielle (INPI) in France involves several stages:
Prior art search : Before registering a trademark, it is strongly recommended that you carry out a prior art search to check that the proposed trademark has not already been registered or is in the process of being registered for identical or similar goods or services. This search can be carried out via the INPI database.
List the products and services envisaged : It is advisable to prepare the classes of goods and services for your trademark application in advance. To do this, you can take inspiration from the trade marks already registered by your competitors, consult the Nice Classification, or use the TMclass website to help you.
Preparing the application :
Choice of brand: Define the distinctive sign (name, logo, slogan, etc.).
Classification : Select the classes of goods and services corresponding to the trademark according to the Nice International Classification.
Documents required: Prepare the elements to be supplied, such as a reproduction of the trademark (if the trademark is figurative, a logo for example) and the list of products/services.
Submission of application :
Online: The application is mainly filed online on the INPI e-procedure website.
Form: Fill in the application form with the required information.
Payment of fees: Pay the filing fees, which vary according to the number of classes of goods and services. 190 euros (including 1 class) + 40 euros per additional class.
Opposition phase:
Opposition period: After publication, there is a 2-month period during which third parties may file an opposition to the trademark registration.
Examination of oppositions: If a third party files an opposition, INPI examines the oppositions and issues a decision.
Registration :
No opposition or rejection of oppositions: If no opposition is filed or if oppositions are rejected, the trademark is registered.
Registration certificate : The INPI issues a registration certificate for the trademark, which is valid for 10 years and renewable indefinitely.
Examination of the application:
Admissibility: INPI checks that the application is complete and compliant.
Publication: If the application is admissible, the trademark is published in the Bulletin Officiel de la Propriété Industrielle (BOPI) within approximately 6 weeks of filing.
Maintaining the brand:
Use: The trademark must actually be used for the designated goods and services. There is an obligation to use the trademark after 5 years.
Renewal : The trademark must be renewed every 10 years to maintain its protection.
By following this procedure, a company can effectively protect its brand and associated rights in France.
Importance of trademark law
Trademark law plays an essential role in economic and commercial development. It offers a number of advantages:
Protection of commercial identity: By offering exclusivity over the use of the trademark, trademark law enables companies to protect their commercial identity and stand out in the marketplace.
Consumer loyalty: Brand protection strengthens consumer confidence by guaranteeing that the products or services they buy come from the expected source.
Competitive advantage: Registered trademarks confer a competitive advantage by preventing competitors from using identical or similar signs, thereby protecting the reputation and integrity of the trademark.
Asset valuation: Trademarks can be licensed, transferred or used as collateral, making them a valuable intangible asset for companies and contributing to their overall value.
Conclusion
Trademarks are an essential tool for protecting commercial identity and boosting consumer confidence. By offering an exclusive right to the use of a distinctive sign, it enables businesses to stand out in the marketplace and build customer loyalty. Understanding how trade mark law works and its importance is therefore crucial for anyone involved in marketing, intellectual property management or business development.
For more information, please also consult the page dedicated to trademark law: Click here.
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