FRANCE
Enforcement FAQS / France / Trade Mark

Defensive Actions

Opposition

General information

Icon Who can file an opposition against my trade mark?

The procedure of opposition to a registration is open to the owner of a former mark , (a french mark, an international mark which have effect in France, a filed or registered community trade marks, or a well-known mark) as well as the exclusive licensee (except in case of a contrary contractual article), who estimate that the mark for which the registration is required infringes their rights.

Icon Can I file an opposition against a someone else's trade mark?

Yes, if you are the owner of a former mark, (a french mark, an international mark which have effect in France, a filed or registered community trade marks, or a well-known mark) as well as if you are the exclusive licensee (except in case of a contrary contractual article), who estimate that the mark for which the registration is required infringes their rights.

Icon Are there specific deadlines/timeframes which I have to observe in connection with opposition proceedings?

The publication of the application in the Official Bulletin of Industrial Property opens a delay of two months within which an opposition to registration may be opened,

Icon Who will take a decision on the opposition?

The Director of the industrial property office

Cancellation

General information

Icon Who can file a request for the cancellation of my trade mark?

Any interested person

Icon Can I file a request for the cancellation of someone else's trade mark?

Yes, you can file a request for the cancellation of someone else.

Icon Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?

The deadline is  30 years or 10 years (if the commercial law applies)

Icon Who will take a decision on the cancellation?

 

The Court will take the decision on the cancellation

 

Icon Where can I file an application for declaration of invalidity of someone else's patent?

Application for declaration of invalidity must be filed before a Court

Proactive Measures

Customs Seizure

General information

Icon Is customs seizure available in your country?

Yes, customs seizure is available in France

Icon Who can seize goods and what can be seized?

The customs. Any product which infringes a trademark, and all the products which helped in the realization of the fraud (the means of  transport for example)

Icon What risks may be involved if I have goods seized by customs?

The risks are fine (up to twice the value of the goods), and imprisonment (3 years),

Instruments

Preservation of Evidence

General information

Icon Is ist possible to collect evidence against an IP infringer?

Yes, there are several means to collect evidence against an IP infringer (for example, "saisie contrefaçon",,,)

Icon Who can help me to preserve evidence?

For example : a bailiff, the customs the police or gendarmerie nationale. 

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		which is financed by the CIP Programme, DG Enterprise and Industry of the European Commission