Trademark protection duration: how long does it last and how do you renew it?

You have filed your trademark with the INPI (the French intellectual property office) and received your certificate of registration. A legitimate question arises: how long does this title protect you, and what must you do to preserve your rights? The duration of protection of a French trademark is ten years from the filing date, renewable indefinitely. This simple mechanism hides several concrete pitfalls: a missed renewal, five years of non-use, a lack of monitoring in the face of a competing filing, or a poorly calibrated international extension can undermine an asset you thought was secure.

This article sets out the applicable legal framework and the habits to put in place to secure your title over time: renewal, genuine use, monitoring, opposition, extension abroad. Romain Waiss-Moreau assists clients at every one of these stages.

How long does a trademark filed with the INPI remain protected?

The rule is laid down in Article L. 712-1 of the French Intellectual Property Code: a trademark filed with the INPI is protected for ten years from the filing date of the application, renewable indefinitely for successive ten-year periods. The starting point is the filing date, not the date the certificate of registration is issued, which comes several months later. In practical terms, a trademark filed on March 12 expires at midnight on March 12 ten years later, whatever the date on which the registration was published in the Official Bulletin of Industrial Property (BOPI).

This ten-year term is an international standard. Whether you protect your sign in France, across the European Union, or through an international registration, the ten-year cycle is identical; only the competent office changes.

• International registration, 10 years, renewable

Remember the filing date: it starts the countdown to the first renewal and, by extension, to all the ones that follow.

How do you renew your trademark without losing your rights?

Article L. 712-9 of the French Intellectual Property Code opens the renewal window during the six months preceding the last day of the month of expiry, followed by an additional six-month grace period subject to a surcharge. The procedure is completed online on the INPI portal. The current cost is around 290 euros for one class of goods or services, with a supplement for each additional class. The statute prohibits any modification of the sign and any extension of the list of goods or services: a modernized sign or new classes require a new, separate filing, exposed to any prior rights established in the meantime.

The INPI notifies the owner of the deadline in principle, but the office disclaims all liability if that notification fails. Vigilance therefore rests with the owner, who must set up an internal alert system or entrust deadline monitoring to counsel. Romain Waiss-Moreau keeps a register of key dates for the trademarks entrusted to him and initiates renewals ahead of the statutory window.

Once the six-month grace period has passed, renewal is no longer available: the trademark is removed from the register, the exclusive rights provided for in Article L. 713-2 of the Intellectual Property Code lapse, and the sign becomes available again. A third party may then register it in its own name, and the former owner cannot rely on its lapsed registration.

Why must you actually use your trademark?

Filing alone is not enough to preserve your rights over time. Article L. 714-5 of the French Intellectual Property Code provides that "the owner of a trademark who, without proper reason, has not made genuine use of it, for the goods or services for which the trademark is registered, during an uninterrupted period of five years, is liable to revocation of his rights". The starting point is, at the earliest, the registration date. Any competitor, or more broadly any interested party, may then seek revocation before the INPI or before the courts, and have your trademark removed for the goods or services that are not being used.

Genuine use means public exploitation, on the relevant market, for the goods or services covered by the filing. Purely token use, internal use, or use intended merely to preserve the right in form is not enough. The statute treats as genuine use exploitation carried out with the owner's consent, use in a modified form that does not alter the distinctive character of the sign, and affixing the trademark to goods intended exclusively for export.

The burden of proof rests on the owner. Romain Waiss-Moreau recommends building a documented use file, updated every year:

• dated sales invoices mentioning the trademark and the goods or services concerned;

• catalogs, sales brochures, advertising materials, screenshots of the website;

• license or distribution agreements together with proof of their performance;

• references to the classes actually used, class by class.

How do you monitor and defend your trademark on a day-to-day basis?

Trademark rights do not defend themselves. When a new application is filed, the INPI does not examine whether identical or similar prior rights exist: it is up to the owner to organize active monitoring of the French register, the register of the EUIPO (the European Union Intellectual Property Office) and commercial uses (social media, marketplaces, domain names). This monitoring relies on the offices' official alert services and on private providers that cross-reference filings, uses, and online infringements. Timing is the key issue: knowingly tolerating a use for five years can result in foreclosure by acquiescence and neutralize your claim.

The response differs depending on the nature of the infringement. Article L. 716-4 of the French Intellectual Property Code defines as infringement any breach of the prohibitions laid down in Articles L. 713-2 et seq., and triggers the civil liability of the infringer.

Romain Waiss-Moreau acts at every link in this chain: setting up alerts, legally characterizing the infringement, filing the INPI opposition, sending a detailed cease-and-desist letter and, where necessary, conducting an infringement seizure (saisie-contrefacon) prior to court action.

How do you oppose the registration of a competing trademark?

When a third party files a trademark identical or similar to yours, opposition proceedings before the INPI are the preferred route to block the registration before it takes effect. The deadline is strict: two months from publication of the application in the Official Bulletin of Industrial Property (BOPI). Once that deadline has passed, the opposition route closes and only invalidity or infringement actions remain, which are heavier and more costly.

Opposition is not reserved for owners of earlier trademarks alone. The following may act:

• the owner of a French, European Union, or international trademark designating France, predating the contested filing;

• the owner of a company name, trade name, or well-known shop sign whose reach is not merely local;

• the beneficiary of an appellation of origin or a protected geographical indication, or an exclusive licensee authorized to act.

The official fee is approximately 400 euros for one earlier right invoked. The proceedings unfold in two stages: a written examination phase with adversarial exchanges between the parties, then a reasoned decision issued by the INPI within a set timeframe. Romain Waiss-Moreau builds the opposition arguments, demonstrates the similarity of the signs and the likelihood of confusion within the meaning of Article L. 713-2 of the French Intellectual Property Code, and handles the proceedings through to the final decision.

How do you extend your trademark protection abroad?

A French registration only takes effect on French territory. To protect your sign beyond France, three routes coexist, to be chosen according to your current and prospective markets. The six-month priority period allows you, from the French filing date, to claim the original date in subsequent filings abroad, thereby neutralizing intervening filings by third parties.

The European Union trademark offers a controlled entry cost but remains vulnerable to the unity principle: a ground for refusal in a single Member State can jeopardize the whole registration. The Madrid System lets you adjust coverage and add subsequent designations, while remaining dependent on the underlying French trademark for five years. Romain Waiss-Moreau structures the geographic scope around your commercial strategy and coordinates filings with local correspondents.

Securing your trademark rights for the long term

Trademark protection is never acquired once and for all. It rests on a permanent balance between four cumulative requirements; failing just one of them is enough to weaken, or even destroy, the title obtained from the INPI or from foreign offices.

• Ten-year renewal: file the request within the regulatory deadlines, without modifying the sign or extending the list of goods and services, or a new filing will be required.

• Genuine use: make real and consistent use of the trademark for the designated goods and services, to rule out the risk of revocation after five years of inactivity.

• Active monitoring: detect filings and uses likely to create a likelihood of confusion early on, so you can react within the opposition deadlines or through an infringement action.

• A coherent territorial scope: match geographic coverage to your actual commercial footprint, combining the French trademark, the European Union trademark, and the Madrid System.

None of these requirements can usefully be managed in isolation. The renewal calendar must be coordinated with proof of use, which in turn determines how well the title withstands a revocation action or a counterclaim in infringement litigation. Romain Waiss-Moreau structures this overall system, setting up continuous legal monitoring and coordinating every step, from the initial filing to court proceedings, to preserve the asset value of your trademark over time.

Frequently asked questions

What happens if I miss my trademark renewal date?

The registration takes effect for a period of ten years, in accordance with Article L. 712-1 of the French Intellectual Property Code. After the deadline, a six-month grace period still allows renewal, subject to a surcharge. Beyond that, the trademark falls into the public domain and a third party may file an identical sign. Recovering the sign then requires a new filing, with no guarantee of priority.

How do I prove genuine use of my trademark?

Article L. 714-5 of the French Intellectual Property Code requires real use for the designated goods and services. Accepted evidence includes dated invoices mentioning the sign, catalogs, packaging, screenshots of online stores, advertising campaigns, press articles, and sales figures. Romain Waiss-Moreau recommends building a time-stamped use file from the moment of filing, segmented by class, so as to cover every claimed good or service.

Does a French trademark automatically protect me abroad?

No. The principle of territoriality limits protection to the territory of the registering office. A French trademark covers France only. To extend protection, you must file a European Union trademark with the EUIPO, or designate other countries through the Madrid System administered by WIPO (the World Intellectual Property Organization). The choice depends on your actual commercial footprint and determines how well the title withstands local prior rights.

What should I do if a competitor files a sign similar to mine?

You have two months from publication of the application to file an opposition before the INPI, based on your earlier trademark. After that deadline, an invalidity or infringement action before the judicial court remains available, based on Article L. 716-4 of the French Intellectual Property Code. Romain Waiss-Moreau assesses the likelihood of confusion and pursues the appropriate procedural route.