In trademark law, registering a trademark grants an industrial property title from the date of filing, providing an exclusive exploitation monopoly for an initial period of ten years. The registration can be renewed indefinitely.
Registering your trademark offers exclusive rights to a sign that distinguishes your products or services from those of competitors, providing a significant competitive advantage. Your sign is protected for the specified categories of products and services and the territory where the registration is accepted.
In France, your trademark must be filed with the INPI, and the filing can be done entirely online.
A prior rights search verifies the availability of a sign for which protection is sought. This preventive measure ensures there are no existing rights in France, Europe, or globally that could hinder or limit the use of your associated products or services.
As soon as possible!
Before filing a trademark, ensure it is available and that no prior rights holder exists on this trademark.
Ensure the sign’s availability through a prior rights search to reduce risks associated with your trademark filing (such as opposition proceedings) before various registration offices, including INPI for French trademarks, EUIPO for EU trademarks, WIPO for international trademarks, IPO for UK trademarks, IPI for Swiss trademarks, and BOIP for Benelux trademarks.
Whether you are a startup, SME, large corporation, or even an individual, it is wise to register a trademark!
Your trademark benefits from protection from the moment it is registered. A significant challenge in trademark management is that industrial property offices, like INPI, EUIPO, or WIPO, are not obligated to alert existing trademark holders when a similar mark is proposed for registration. Therefore, it is up to the holders to conduct this monitoring. Thorough surveillance is crucial for the optimal and lasting protection of your trademark. However, identifying risks and responding quickly and effectively to potential infringements is not always straightforward.
That is why the Dreyfus team, in collaboration with its global network of intellectual property lawyers, helps you monitor and protect your trademarks online. Initially, we detect potential infringements and inform you promptly when a similar or identical trademark is filed. With our innovative Dreyfus IPweb® solution, we ensure effective trademark monitoring. We automatically detect identical or similar registration applications, allowing us to respond before a similar mark or design enters the market. Additionally, IPweb® provides direct access to the company’s domain name monitoring services. Thus, your trademarks are constantly monitored, and we can alert you quickly in case of infringements.
Our team assists you in evaluating the similarity of signs and products/services, your chances of success, and the measures to take. It is important to act as quickly as possible and contact the filing party at an early stage by sending a cease and desist letter or filing an opposition against the trademark application.
The opposition procedure in France, which is quick and cost-effective, constitutes an effective strategy for defending the rights associated with French trademarks, EU trademarks, and international trademarks designating France. It also applies to trade names and domain names.
The opposition procedure offers notable advantages compared to litigation in courts. It allows prior rights holders to preventively stop the registration of trademarks that may violate their rights. If the opposition is deemed well-founded by the INPI, the trademark registration application will be refused. However, it is recommended to first contact the applicant to attempt to find an amicable solution.
Trademarks are valid for 10 years and can be renewed indefinitely. However, trademarks must be genuinely used. Otherwise, their cancellation could be invoked by a third party.
Indeed, you can lose your trademark rights due to non-use if there has been no genuine use of the mark for 5 consecutive years after its registration in the territory for which the trademark was registered. The trademark owner also risks revocation if the mark has become, through the owner’s actions, the common name in trade for a product or service. This is known as trademark genericide. The trademark owner is « penalized » here for not taking sufficient measures to prevent the genericide of their mark.
Finally, you can also lose your trademark rights if the mark becomes, through your actions, likely to mislead the public, particularly regarding the nature, quality, or geographical origin of the product or service. Similarly, in this scenario, the trademark owner is « penalized » for not taking sufficient measures.
Dreyfus leverages its internationally renowned expertise for the benefit of its clients
We guide you through the trademark registration process, handling all necessary administrative and legal steps to ensure optimal protection.
Our proactive monitoring service detects any unauthorized use of your trademarks, allowing you to react quickly and effectively.
We represent clients in opposition and cancellation proceedings, as well as in disputes related to unauthorized use of their trademarks.
We offer audits and strategic advice to optimize and enhance your trademark portfolio, including licensing negotiations.
We ensure the registration and protection of your trademarks internationally, with global monitoring to detect fraudulent uses.
Our experts provide personalized strategic advice, training, and ongoing legal monitoring to ensure compliance and protection of your trademarks.
Monitoring allows for the quick detection of unauthorized use, prevents legal disputes, and protects the integrity and value of the trademark.
International registration ensures broader and more economical protection, facilitates commercial expansion, and protects against unauthorized use in other countries.
By registering your trademark, monitoring its use, and taking legal action against any unauthorized use.
It is crucial to respond quickly and appropriately. Our experts can represent you in opposition and appeal procedures.
A trademark portfolio audit evaluates the current state of your trademark portfolio, identifies risks, and proposes strategies to optimize the protection and value of your trademarks.
Yes, the Dreyfus team supports you in negotiating and drafting license agreements to protect your rights while enabling the secure commercial exploitation of your trademarks.
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