The short answer
In France, ownership of a mark is acquired by registration. The registration has effect from the filing date for ten years, indefinitely renewable. Observations or oppositions run for two months after publication of the application, and INPI is deemed to reject an opposition if it does not rule within six months. A mark not seriously used for five uninterrupted years can be revoked by the court. France is an EU member, so an EU trade mark also covers it.
Trademark deadlines in France at a glance
These rules come from the French Intellectual Property Code (Code de la propriété intellectuelle), Articles L712-1, L712-3, L712-4, L712-9 and L714-5, in the French text, which we have translated. The renewal timetable and fees are in the implementing decree, so we confirm them with INPI before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the filing date, indefinitely renewable (Article L712-1). |
| Which date does the term count from? | The filing date of the application (Article L712-1). |
| When can I renew? | A registration can be renewed if the sign is unchanged and the list of goods and services is not extended. The renewal is made and published in the manner and time set by a decree in Conseil d'Etat. It is not checked again for registrability and is not open to opposition. The new ten-year period runs from the end of the previous one (Article L712-9). |
| Is there a grace period? | The renewal timetable, including any late period with a surcharge, is set by the implementing decree. We confirm the current window with INPI before advising. |
| Opposition period | During the two months following publication of the application, any interested person may submit observations to the director of INPI, and holders of earlier rights may oppose. INPI is deemed to reject an opposition if it has not ruled within six months after the period closes, and this can be suspended, for example for three months on the parties' joint request (Articles L712-3 and L712-4). |
| Reply to an office action | INPI examines the filing and notifies any ground for refusal. A successful opposition leads to refusal in whole or part, and a decision can be appealed to the Court of Appeal (Article L712-7). |
| Priority claim | Priority under the Paris Convention, six months from the first filing, is recognised. We confirm the claim steps when we file. |
| Non-use | The owner forfeits their rights if, without legitimate reason, they have not made serious use of the mark for the registered goods or services during an uninterrupted period of five years. Use with consent, in a form that keeps distinctiveness, or only for export counts. Any interested person can ask the court, and the owner must prove use. Use that began within three months before the request does not help if the owner knew a request was possible (Article L714-5). |
| Assignment | A mark can be assigned, licensed and pledged, and the transaction is recorded in the National Trademark Register. We confirm the formalities with INPI. |
Who can register a trademark in France
Ownership of a mark is acquired by registration, and a mark can be co-owned (Article L712-1). A sign must meet the definition and exclusions in Articles L711-1 to L711-3.
Representation. We act as your representative before INPI. We confirm any local representation rule before filing.
Trademark registration process in France
Search
- Search the the French National Institute of Industrial Property (INPI) records for identical or similar marks in your classes.
File the application
- File with the the French National Institute of Industrial Property (INPI), through your French agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication of the application, observations and oppositions can be filed with INPI within two months. INPI rules within six months after the period ends (Articles L712-3 and L712-4).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the French National Institute of Industrial Property (INPI) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
France trademark validity and renewal
- The registration has effect from the filing date for ten years.
- It is indefinitely renewable without a new examination.
- A renewal cannot change the sign or extend the goods.
- Use the mark seriously in France to avoid forfeiture after five years.
Diarise ten years from the filing date and confirm the renewal window with INPI.
Assignment, licence and changes to a French trademark
Renewal
Unchanged sign
A changed sign or wider list needs a new filing (Article L712-9).
Nullity
Court
A registration that does not meet Articles L711-1 to L711-4 can be declared void by a court (Article L714-3).
Co-ownership
Possible
A mark can be acquired in co-ownership (Article L712-1).
Forfeiture
5 years
Forfeiture follows five uninterrupted years without serious use (Article L714-5).
Non-use and cancellation of a French trademark
A court declares a registration void where it does not meet Articles L711-1 to L711-4 (Article L714-3), and declares forfeiture of rights after five uninterrupted years without serious use. Forfeiture takes effect from the end of the five-year period and applies to everyone (Article L714-5).
Keep dated proof of use in France: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in France
Search the INPI trademark database and the BOPI bulletin for the filing, publication, registration and renewal dates.
Sources used
- French Intellectual Property Code, Articles L711-1 to L711-3, L712-1, L712-3, L712-4, L712-7, L712-9, L714-3 and L714-5 (French text, translated by us).
- INPI for the implementing decree, fees and forms.
France trademark FAQ
How long does a trademark last in France, and from when?
Ten years from the filing date, indefinitely renewable (Article L712-1). It counts from the filing date (Article L712-1).
When should I renew a French trademark, and is there a grace period?
A registration can be renewed if the sign is unchanged and the list of goods and services is not extended. The renewal is made and published in the manner and time set by a decree in Conseil d'Etat. It is not checked again for registrability and is not open to opposition. The new ten-year period runs from the end of the previous one (Article L712-9).
What is the opposition period in France?
During the two months following publication of the application, any interested person may submit observations to the director of INPI, and holders of earlier rights may oppose. INPI is deemed to reject an opposition if it has not ruled within six months after the period closes, and this can be suspended, for example for three months on the parties' joint request (Articles L712-3 and L712-4).
How much does it cost to register a trademark in France?
The official fee is set by the the French National Institute of Industrial Property (INPI) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in France?
Yes. A foreign company can register a mark in France, directly with INPI or through the EU or international systems. We arrange this.
Can I assign a French trademark?
A mark can be assigned, licensed and pledged, and the transaction is recorded in the National Trademark Register. We confirm the formalities with INPI.
Can a French trademark be cancelled for non-use?
The owner forfeits their rights if, without legitimate reason, they have not made serious use of the mark for the registered goods or services during an uninterrupted period of five years. Use with consent, in a form that keeps distinctiveness, or only for export counts. Any interested person can ask the court, and the owner must prove use. Use that began within three months before the request does not help if the owner knew a request was possible (Article L714-5).
How can I check the status of a French trademark?
Use the the French National Institute of Industrial Property (INPI) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority under the Paris Convention, six months from the first filing, is recognised. We confirm the claim steps when we file.
How do I change the owner's name or address?
Record the change with the the French National Institute of Industrial Property (INPI) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in France
SUPREMEiP® files trademarks worldwide through its network and checks every French deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
