Trademark

PubliƩ le 5 September 2024

A trademark refers to a set of distinctive signs recognizable by consumers that create value in the market for a company.
The sign can be a word, a name, a slogan, a logo, a design, a sound or a combination of these different elements.

The obligation of distinctiveness is the essential criterion for the validity of a trademark. However, a common sign (very common words) can still constitute a valid trademark if it designates a product or service that has no direct connection with the sign.

Filing a trademark in France with the French Patent and Trademark Office (INPI) covers the French territory, but it is possible to protect a trademark at the European or even global level. For this, the trademark must be filed with the relevant organizations: the EUIPO (European Union Intellectual Property Office) for the European Union and the WIPO (World Intellectual Property Organization) for international protection. After the registration of a trademark, the French Intellectual Property Code imposes effective use of the trademark for the designated products and services.

After filing, a trademark is generally valid for 10 years. This protection also allows the trademark owner to act against infringement during the entire protection period against anyone using the trademark without authorization.

 

See the IP lexicon