How to register a trademark in France: the complete guide to securing your commercial identity

You chose a name, designed a logo, launched your business. Then a competitor files a near-identical sign, and it is they who secure the monopoly. Without a filing, your commercial identity has no enforceable legal protection. Registering a trademark in France remains the only way to acquire an intellectual property right over a distinctive sign, valid for ten years and indefinitely renewable.

The procedure before the INPI (the French Patent and Trademark Office) is accessible, but it carries several pitfalls that can prove costly: validity conditions for the sign, prior-rights searches, choice of classes, renewal schedule. This guide covers the steps every applicant must master, from the substantive conditions through to the monitoring strategy, flagging the trade-offs where the involvement of Romain Waiss-Moreau makes the difference.

What conditions must a trademark meet to be registrable?

Four cumulative conditions govern the validity of a filing. Article L. 711-1 of the French Intellectual Property Code first requires a sign capable of representation in the national trademark register, in a precise and clear manner. A name, a logo, a slogan, a three-dimensional shape or a sound sign may thus be filed, provided its representation makes it possible to identify the subject matter of the protection without ambiguity. Article L. 711-2 of the French Intellectual Property Code then lists the absolute grounds for refusal: lack of distinctive character, a sign describing a characteristic of the product, a term that has become customary, a trademark contrary to public policy or deceptive to the public.

Distinctiveness accounts for the majority of INPI refusals. A term that is purely descriptive of the product or service concerned will be set aside, unless distinctive character acquired through use can be demonstrated. Romain Waiss-Moreau steps in upstream to qualify the sign and rule out fragile choices before any filing.

How to check the availability of your trademark before filing?

The prior-rights search conditions the strength of the filing. The INPI does not check the availability of a trademark at registration: a sign identical or similar to a prior right may therefore be registered, then cancelled or neutralised. The holder of an earlier trademark may file an opposition before the INPI within two months of publication, bring an invalidity action or sue for infringement on the basis of article L. 716-4 of the French Intellectual Property Code. The filing costs, the communication budget and the value of the sign are then lost.

The check is conducted in two stages. The identical search, free on the INPI Marques database, rules out literal reuses already registered in France. It remains insufficient: a phonetically or visually close sign, used for similar goods, is enough to establish a likelihood of confusion. The similarity search covers spelling, phonetic and conceptual variants across several registers:

• the INPI Marques database for French trademarks;
• the EUIPO eSearch plus register for European Union trademarks;
• the WIPO Global Brand Database for international registrations;
• the trade and companies register for company names and trade names;
• Whois databases for active domain names.

This similarity analysis falls within the remit of industrial property counsel. Romain Waiss-Moreau conducts these broadened searches and qualifies the legal risk before any filing.

How to choose the right classes of goods and services?

Registering a trademark follows the principle of speciality: protection only covers the goods and services expressly designated at filing. The Nice Classification, established by the international agreement of the same name, divides all economic activities into 45 classes: classes 1 to 34 cover goods, classes 35 to 45 cover services. A sign registered for clothing in class 25 does not, in principle, prevent its use by a third party for software in class 9.

The choice of classes shapes the scope of the right for the next ten years. Over-filing increases the cost of the filing and of each renewal, and exposes the trademark to a revocation action for lack of genuine use on the unexploited classes, under the conditions of article L. 714-5 of the French Intellectual Property Code. Under-filing leaves entire areas of activity outside protection. Once the application is filed, no additional class can be added: a new filing is required, with a later priority date.

Romain Waiss-Moreau defines the scope of classes according to current operations and projected development over five years, weighing cost against the breadth of protection.

What are the steps for filing a trademark with the INPI?

The filing is carried out exclusively online on the INPI portal. The procedure follows a strict sequence, with the points of vigilance that condition the validity of the title.

1. Creation of the applicant account on the INPI e-procedures portal, with identification of the holder (natural or legal person, SIREN number where applicable).
2. Completing the form: identity of the applicant, representation of the sign (word, figurative, semi-figurative), Nice classes and precise wording of the goods and services.
3. Payment of the fee online, the amount of which depends on the number of classes designated (INPI scale in force).
4. INPI examination: a formal check (documents, wording) then a substantive examination on the absolute grounds for refusal set out in article L. 711-2 of the French Intellectual Property Code.
5. Publication in the BOPI (the official industrial property bulletin) within approximately six weeks of filing.
6. Two-month opposition period open to holders of prior rights from publication.
7. Final registration and issuance of the certificate, if no opposition succeeds and the examination reveals no irregularity.

The critical point remains the drafting of the wording: imprecise or overly broad wording exposes the application to a notice of irregularity, or even a partial rejection. The INPI then opens a period for correction. Failing a reasoned response within that period, the application is rejected and the fee remains payable. Romain Waiss-Moreau drafts the wording to mirror the classes selected in order to limit this risk.

What costs and timeframes should you expect for registration?

The budget for filing a French trademark consists of the official fees paid to the INPI and any counsel's fees. The INPI rates in force rest on a simple principle: a flat amount for the first class of goods and services, then a surcharge per additional class. To these fees may be added an in-depth prior-rights search and the drafting of the wording by a firm, items that vary according to the complexity of the portfolio concerned.

For protection beyond French territory, two routes coexist: the European Union trademark filed with the EUIPO and the international trademark managed by WIPO. Their fee schedules differ significantly from that of the INPI and must be weighed against the market actually targeted. Romain Waiss-Moreau prepares a consolidated cost estimate before any filing in order to avoid superfluous classes and ill-calibrated territorial extensions.

What is the term of protection and how to renew your trademark?

Registration takes effect from the filing date for a period of ten years, indefinitely renewable, in accordance with article L. 712-1 of the French Intellectual Property Code. Renewal is carried out within the window of the six months preceding the last day of the expiry month and opens a new ten-year period, on the express condition of altering neither the sign nor the list of designated goods and services. Any change to the sign or extension of the wording requires a new filing, subject to examination and the opposition procedure. The administrative cost amounts to around 290 euros for one class (INPI scale in force), increased per additional class.

The INPI informs the holder of the deadline, but the text specifies that its liability cannot be engaged in the event of a failure to inform. Monitoring the dates is therefore the holder's responsibility. Beyond the deadline, genuine use must be capable of being demonstrated: the absence of exploitation for an uninterrupted period of five years, without proper reasons, exposes the holder to revocation of their rights on the basis of article L. 714-5 of the French Intellectual Property Code. The trademark may also be assigned or licensed, exclusively or not, for all or part of the protected goods and services.

Romain Waiss-Moreau sets up for clients a system to monitor deadlines, evidence of genuine use, and third-party filings liable to harm the sign.

Securing your trademark over the long term: the key points

Filing a trademark is a strategic investment, not a mere administrative formality. The value of the title is built over time, through the consistency between the registered sign, its actual exploitation and active monitoring of the register. Three recurring mistakes durably weaken the scope of the right acquired.

• Neglecting the prior-rights search: a filing made without prior examination of earlier trademarks, company names and domain names exposes the holder to an opposition, or even an invalidity or infringement action based on article L. 716-4 of the French Intellectual Property Code.
• Choosing the classes of goods and services poorly: wording that is too narrow deprives the trademark of entire areas of activity, while wording that is too broad weakens the sign in light of the genuine-use requirement set out in article L. 714-5 of the same code.
• Forgetting renewal or monitoring: missing the window of the six months preceding the last day of the expiry month, ignoring an identical or similar third-party filing, or tolerating a known use for five years without reacting, are all failures that erode protection.

For high-stakes filings, those that structure the identity of a business, open a market or prepare for international expansion, the involvement of counsel is decisive. Romain Waiss-Moreau advises on filing strategy, the drafting of wording, the conduct of oppositions and post-registration monitoring.

Frequently asked questions

What should I do if I miss my trademark renewal window?

The law provides a grace period of six months after the expiry date, subject to a late fee paid to the INPI. After this additional period, the trademark falls into the public domain and becomes freely appropriable by a third party. Reconstituting the right then requires a new filing, with no retroactivity over the interruption period, and the risk that an identical or similar third-party trademark may have been filed in the meantime.

Filing is in principle open, ownership being acquired through registration and not through use. However, a well-known prior use or an exploited company name may ground an opposition or an invalidity action for bad-faith filing. A prior-rights search extended to unregistered signs, the trade register, domain names and trade names conditions the security of the contemplated filing.

What happens if I do not use my trademark for five years?

Any interested party may seek revocation of the rights for lack of genuine use during an uninterrupted period of five years from registration. Revocation may be total or partial depending on the classes concerned. Keeping dated evidence of exploitation, invoices, marketing materials and advertising campaigns, for each designated class, is essential to resist such a request before the INPI or the court.

How to react if I discover a filing identical to mine after registration?

Within the two months following publication in the BOPI, the route of opposition before the INPI remains open. Beyond that, the invalidity or infringement action before the judicial court takes over. Caution: tolerating a known use for five years entails foreclosure, the earlier holder then losing the right to act against that later trademark. A swift reaction conditions the effective preservation of the monopoly.