Industrial Property Law

The application for registration must be sent to the INPI headquarters ( Article R. 712-1 IP Code) via its dedicated electronic portal . It can only concern one trademark (art. R. 712-3, para. 2, IP Code).
According to Articles L. 712-2, paragraph 2, and R. 712-3 of the Intellectual Property Code, the application for registration must include:
- identification of the applicant, i.e. the surname an …

Form/content of the application

The application for registration must be sent to the INPI headquarters ( Article R. 712-1 IP Code) via its dedicated electronic portal . It can only concern one trademark (art. R. 712-3, para. 2, IP Code).

According to Articles L. 712-2, paragraph 2, and R. 712-3 of the Intellectual Property Code, the application for registration must include:

- identification of the applicant, i.e. the surname and first names for a natural person, and the corporate name or name and legal form for a legal person, as well as their address; 

- a representation of the mark. Since the Ordinance of 13 November 2019, this representation need not be graphic and may be in any appropriate form by means of commonly available technology, as long as it is clear, precise, self-contained, easily accessible, intelligible, durable and objective . It is of particular importance because only the characteristics of the mark set forth in the application may be invoked by the trademark owner, to the exclusion of any use of the mark in another form ;

- a list of the goods or services to which the mark applies, as well as a list of the corresponding classes, according to the Nice Classification established by the Nice Agreement of 1957  and published annually ( Art. R. 712-3-1, para. 2, IP Code). The goods and services must be designated with sufficient clarity and precision to enable any person to determine the scope of protection on this basis alone ( Art. R. 712-3-1, para. 1, IP Code). The law requires the applicant to declare the goods and services covered by the mark but does not require the applicant to list all the objects covered, as long as a clear description of the objects can be found in a concise manner . The use of general terms, including general indications in the class headings of the Nice Classification, is interpreted as including all goods or services that clearly fall within the literal meaning of the indication or term ( Art. L. 712-3-1, para. 3, IP Code). 

- where appropriate, an indication that the priority right attached to a previous foreign filing is claimed or that a guarantee certificate has been issued;

- the supporting documents mentioned in Article R. 712-3, 2° of the Intellectual Property Code, including proof of payment of the prescribed fees, the power of attorney, or, if the distinctive character of the mark has been acquired through use, proof of such use.

Upon receipt of the application, the INPI assigns a national number to it ( Art. R. 712-6 IP Code). The applicant may, until the beginning of the technical preparations for registration, rectify, by written request addressed to the director general of the INPI, any material errors found in the documents filed ( Art. R. 712-20 IP Code), or withdraw the application for registration, in whole or in part (Art. R. 712-21 IP Code). The rectification of a trademark filing relating to classes is retroactive to the filing date .

Decision No 2017-144 of the director general of INPI of 9 October 2017.

Directive No 2015/2436, recital 13; Art. R. 711-1 IP CODE.

CA Versailles, 11 May 1995, LawLex200200001455JBJ.

International Classification of Goods and Services for the Purposes of the Registration of Marks: https://www.wipo.int/classifications/nice/en/index.html

Cass. com, 13 October 1992, LawLex202100006532JBJ; Cass. com, 21 March 1995, LawLex200001471JBJ, which excluded trademark protection in the field of information technology in the case of a trademark application made in a very broad manner, without making any specific claim for these products.

Cass. com, 15 March 1994, LawLex202100006537JBJ.

Industrial Property Law

72. Form/content of the application

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72. Form/content of the application

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise