You have created a brand distinctive and you want to protect it legally? Filing with the INPI (National Institute of Industrial Property) is an essential step in protecting your intellectual property. In this article, we offer you a complete guide to the trademark registration process at the INPI. You will discover the key steps, the necessary documents, the associated costs and the advantages of such an approach. Protect your brand and make sure it is only associated with your business.
The steps to register your trademark with the INPI
1. Check the originality of the brand
Before any filing with the INPI, it is crucial to ensure that the brand is original and that it does not violate the intellectual property rights of other companies.
2. Prepare the deposit request
You must gather all the necessary elements for the registration, including the name and address of the applicant, a graphic representation of the mark and a list of the goods or services with which the mark will be associated.
3. Submit the request to the INPI
The filing request must be submitted to the INPI with the corresponding fees. Once the application is accepted, the trademark is published in the Official Industrial Property Bulletin (BOPI).
4. Manage possible oppositions
After publication, there may be third parties who oppose the trademark registration. It is then necessary to manage these oppositions by providing the necessary arguments.
5. Renew deposit
It is important to renew the registration periodically to maintain the rights to the trademark.
The documents necessary to register your trademark with the INPI
To register your trademark with the INPI, it is necessary to provide the following documents: the duly completed trademark registration form, a list of products or services that the brand will cover, and finally payment of the registration fees. These documents are essential to begin the trademark registration procedure with the INPI. Once these elements have been gathered, it is possible to transmit them to the INPI electronically or by post in order to begin the official trademark registration procedure. It is also recommended to carry out a prior art search to verify that the trademark you wish to register does not already exist on the market.
The criteria for the validity of a trademark registered with the INPI
For a registered trademark to be valid at the INPI, it must be distinctive, that is to say, it cannot be descriptive or too generic. In addition, it must not infringe the prior rights of other trademarks already registered. The brand must also not be contrary to public order or good morals. Finally, it must be used effectively in the commercial activities for which it is registered within 5 years from the filing date.
The advantages of registering a trademark with the INPI
Registering your trademark with the INPI has many advantages. In fact, this makes it possible to obtain exclusivity for exploitation on French territory, thus offering legal protection against any unauthorized use of the brand by third parties. In addition, filing with the INPI constitutes legal proof of industrial property, facilitating procedures in the event of a dispute. It also builds credibility and brand awareness among consumers and business partners.
What to do if trademark registration is refused at the INPI
In the event of a refusal to file a trademark with the INPI, it is possible to contest the decision by appealing to the INPI appeals committee within two months of notification of the refusal. It is also recommended to call upon a trademark law professional to analyze the reasons for the refusal and determine the best strategy to adopt. Another option is to modify the trademark or the associated products/services in order to lift the grounds for refusal. Finally, if the refusal persists after the appeal, it is possible to initiate legal action before the judicial court.