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MARCURIA handles your IP portfolio at each stage of its development.

  • Strategic analysis on the choice of trademarks and other identification signs of corporate communication.
  • Advanced searches which are essential to find out the availability of any sign.
  • Filing and renewal trademarks in France, at European Community level and world-wide.
  • Filing procedures are carried out by a reliable network of correspondents.
  • Detailed tax advice to optimise local costs and expenses during the whole duration of the filing.
  • Drafting, negotiating and recording of license contracts, coexistence agreements and of assignment deeds of all IP rights.

trademarks

designs and models

domain names

trad names

copyrights

F.A.Q.

Click on the question to see the answer.

Duration of a trademark, design and model, patent in France.

  • Trademark : 10 years renewable indefinitely.
  • Designs and models : 5 years renewable for periods of 5 years up to 25 years.
  • Patent : up to 20 years.

Trademark right loss.

Any trademark that has not been genuinely used in the past 5 years may be vulnerable to a cancellation action by any interested third party. Evidence of genuine use implies showing a complete file composed of invoices, press cuttings, advertisements, tariffs and license agreements…which must be constantly updated.

Conditions of validity of a French and community trademark.

A trademark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.

However a sign is not accepted for trademark registration if it :

  • Is devoid of any distinctive character.
  • Exclusively serves to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service.
  • Has become customary in the current language or in the bona fide and established practices of the trade.
  • Is contrary to public policy or to accepted principles of morality.
  • Is of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service.

How to select the countries in which to obtain trademark protection ?

Purpose of the community trademark ?

The filing of a community trademark has many advantages, such as :

  • A unique legal system of interpretation.
  • A simplified procedure.
  • A low cost procedure in relation to the large number of protected countries.
  • A unique registration title and one renewal.
  • An automatic extension to all new members of the European Union.
  • A lean opposition procedure, with an amicable settlement in 80% of the opposition cases.

The advantage of filing a community trademark is greater as it is now possible to designate the European Community as a country in an International trademark filing.

The counterfeiting countries

It is also recommended to obtain protection in countries known to be susceptible to counterfeiting.

The countries of business development

Other countries for filing a trademark have to be chosen in relation to the current and potential business countries of the applicant.

Why do a survey of your trademarks ?

In a highly competitive business environment requiring targeted investments for the creation and filing of trademark protection, it is essential to have an early warning system of all successive trademark applications which may constitute counterfeits or imitations.

A global watch survey will enable the trademark holders to be aware of all successive trademark applications and therefore quickly oppose their registration in accordance with the local legislation or emit a warning letter thus avoiding eventual long judicial actions.

Surveying is also an efficient means to check your competitors’ new projects.

Conditions of validity of French designs and models.

Designs and models must be new and have an individual character.

  • A design shall be considered to be new if no design has been made available to the public before the filing date.
  • A design shall be considered to have an individual character if the overall impression it provides to the informed user differs from the overall impression produced on such user by any design which has been made available to the public.