Submitting a trademark application to INPI, the French National Institute of Industrial Property, is an essential step in protecting your commercial identity. This process, essential for securing your intellectual property rights, involves submitting an official application and complying with certain formalities. In this article, we explore in detail the process of filing with INPI, highlighting key steps, required documents, and important considerations. Understand this process if you’re a company looking to protect it and establish its market presence legally. Follow our practical guide to maximize the success of your INPI filing and ensure solid legal protection.
What is INPI ?
L’INPI, or l’Institut National de la Propriété Industrielle, is a French public body responsible for the management and protection of industrial property rights. Created in 1801, INPI reports to the Ministry of the Economy, Finance and Economic Recovery. Its main mission is to promote innovation and business competitiveness by protecting intellectual property rights.
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The INPI is involved in the protection of various rights, including trademarks, patents, industrial designs and geographical indications. As far as trademarks are concerned, the INPI handles the filing and registration of trademarks, enabling companies to protect their distinctive signs, such as names, logos or slogans, and thus ensure their exclusivity in the market.
The INPI is involved in the protection of various rights, including trademarks, patents, industrial designs and geographical indications.
A trademark registered with INPI : What are the advantages for companies ?
Registering a trademark with the INPI offers several significant advantages for companies:
Legal protection
By registering a trademark with the INPI, the company benefits from legal protection of its intellectual property. This means that it has the exclusive right to use the trademark for the products or services specified in the registration.
Deterring counterfeiting
Holding it deters third parties from copying or using it, thus reducing the risk of counterfeiting and unfair competition.
Economic value
A registered trademark can become a valuable business asset. You can sell, license or use as collateral in commercial transactions.
Building brand awareness
A registered trademark helps strengthen a company’s reputation by creating a distinctive, recognizable identity in the marketplace.
Facilitated legal recourse
In the event of a dispute, the owner of a registered trademark has easier legal recourse, as proof of registration makes it easier to defend intellectual property rights.
International extension
If the company plans to expand internationally, a trademark registered with the INPI can serve as a basis for extending protection to other countries via international procedures.
In summary, registering a trademark with the INPI confers legal rights, strengthens the company’s competitive position and contributes to the creation of a strong, distinctive identity on the market.
How to register a trademark with INPI ?
Filing a trademark with INPI involves several steps. Here is a general guide to the process:
Preliminary search
Before registering a trademark, carry out a thorough search to ensure that a similar mark hasn’t already been registered. This minimizes the risk of refusal.
Class identification
Determine the classes of goods or services with which your trademark will be associated. Trademarks are registered for specific categories, and fees depend on the number of classes.
Creating an online account
Go to the INPI website and create an online account. This will enable you to file your application electronically.
Filling in the application form
Fill in the trademark application form, providing detailed information about the trademark, the owner, the products or services concerned, etc.
Fee payment
Pay filing fees online. Fees vary depending on the number of classes and the filing method (electronic or paper).
Submitting your application
Once you have completed the form and paid the fees, submit your application electronically to INPI.
INPI review
L’INPI will review your application to check its compliance with legal requirements. If everything is in order, your application will be published in the Bulletin officiel de la propriété industrielle (BOPI).
Publication in the BOPI
Publication allows other parties to oppose your application for a specified period.
Certificate delivery
If no opposition is filed, and if your application is accepted, INPI will issue the trademark registration certificate.
It is advisable to consult an intellectual property professional to guide you through the process and maximize the chances of success of your application.
What are the risks for companies in the event of failure to file a trademark application?
Non-registration of a trademark exposes companies to several potential risks, including:
Lack of legal protection
Without registration, the company has no legal protection for its trademark. This means that other entities can legally use similar trademarks, which can lead to confusion among consumers.
Risk of counterfeiting
In the absence of legal rights established by trademark registration, the company is more vulnerable to counterfeiting. Third parties could copy or imitate the trademark, leading to costly litigation and damage to the company’s reputation.
Loss of commercial value
An unregistered trademark has limited commercial value. It may be difficult to monetize, assign or use as an asset in commercial transactions.
Unfair competition
Competitors could exploit a company’s reputation by using a similar brand, which can create unfair competition and harm customers.
International expansion difficulties
If the company is considering international expansion, the absence of a trademark registration may complicate the protection of its trademark in other jurisdictions, exposing the company to increased risks.
Weakened legal defense
In the event of litigation, defending intellectual property rights is often more complex without trademark registration, which can lead to higher legal costs and uncertain outcomes.
Loss of licensing or franchising opportunities
You can use a registered trademark as a valuable asset for licensing, franchising or partnership opportunities. Lack of registration limits these possibilities.
Companies should consider their registration as a strategic step to protect their business identity, strengthen their market position and avoid the risks associated with non-registration.
