Registering a trademark with the Institut National de la Propriété Industrielle (INPI) (National Institute of Industrial Property) is a foundational step for any entrepreneur, creator, or business wishing to protect their commercial identity on French territory. Whether it is a product name, a logo, or a slogan, this registration grants an exclusive exploitation monopoly and allows you to defend yourself effectively against counterfeiting and unfair competition. This comprehensive guide, written by the experts at AvocatAI, details step-by-step the substantive conditions, the registration procedure, the precise costs, and the pitfalls to avoid in order to secure your intangible assets with peace of mind.
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Registering a trademark is not something to be improvised. To be validated by the INPI and to be legally enforceable, your trademark project must respect strict validity criteria set by the Code de la propriété intellectuelle (CPI) (French Intellectual Property Code).
According to Article L. 711-1 of the French Intellectual Property Code, a trademark is a sign used to distinguish the products or services of a natural or legal person from those of its competitors. This sign can take several forms:
This is the sine qua non condition of registration. Article L. 711-2 of the CPI provides that the trademark must not be purely descriptive of the products or services offered, nor consist of generic or everyday terms.
The trademark must not be contrary to public order or accepted principles of morality. Furthermore, it must not be deceptive, meaning it must not be of such a nature as to deceive the public as to the nature, quality, or geographical origin of the product or service (Article L. 711-2, 3° of the CPI).
A trademark must not infringe upon prior rights. Before registering, you must ensure that the sign is free. The prior rights referred to in Article L. 711-3 of the CPI include:
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You do not register a trademark "for everything". A trademark is protected solely for the products and services you designate during registration. To harmonise this internationally, the Nice Classification is used, which groups activities into 45 classes (34 product classes and 11 service classes).
The choice of classes is crucial:
Important Note: It is impossible to add new classes after the registration has been validated. If you wish to extend your protection later, you will have to carry out a brand-new registration and pay the registration fees again.
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The process of registering a trademark with the INPI is a rigorous journey that spans several months. Here are the 5 key steps to follow.
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[Prior Art Search] ➔ [Online Filing (INPI)] ➔ [Examination by INPI] ➔ [Publication & Oppositions] ➔ [Final Registration]
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Before any official filing, you must verify that your trademark is available.
Since 2019, paper filing has been abolished. The process is carried out exclusively online on the e-procedures portal of the INPI. You must create an account, enter the identity of the applicant (individual or company), import the visual of the trademark if it is figurative, and rigorously select your Nice classes as well as the associated descriptions.
Once the payment of the fees is made, the INPI assigns a filing date and a national number to your application. An INPI examiner analyses your file on its merits and form. If they find a problem (lack of distinctiveness, clerical error), they will issue a notification of irregularity or an objection to which you must respond within a set timeframe (generally 2 months).
Within a maximum period of 6 weeks after filing, the application is published in the Bulletin Officiel de la Propriété Industrielle (BOPI) (Official Gazette of Industrial Property). This publication opens a 2-month window during which any third party holding prior rights (competing trademark, corporate name) can file a written opposition with the INPI to block your registration.
If no opposition has been filed (or if the oppositions have been rejected) and the INPI's examination is favourable, the trademark is officially registered. The INPI publishes this registration in the BOPI and sends you your certificat d'enregistrement de marque (trademark registration certificate) by post or electronically.
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Time management is an essential factor in intellectual property strategy.
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The cost of registering a trademark depends directly on the number of classes from the Nice Classification that you select. The rates presented below are the official INPI rates currently in force.
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To better understand the pricing structure, here are two simulations of registration projects.
Thomas is creating his eco-responsible ready-to-wear brand "Eko-Vest". He wants to sell clothes online and open a physical boutique.
He must target:
Calculation of the cost for Thomas:
Sofia is launching a mobile application connecting home chefs with individuals, including meal delivery.
She must target:
Calculation of the cost for Sofia:
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A poorly prepared filing can turn out to be costly, or even useless if the trademark is cancelled or unusable. Here are the most frequent pitfalls identified by our legal experts:
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No. Once the registration form is validated and paid online, it is strictly impossible to modify the sign (the name or the logo) or to add new products and services (new classes). If you wish to make substantial changes, you will have to carry out a completely new filing and pay the corresponding fees again.
Filing with the INPI protects your trademark exclusively on French territory. If you are targeting a European market, you must file a European Union Trade Mark (EUTM) with the EUIPO (European Union Intellectual Property Office). The basic cost for a European trademark is 850 € for a single class.
As the owner of a registered trademark, you have the right to bring an infringement action. You must first have the unauthorised use officially recorded (for example, via a report by a commissaire de justice / huissier [bailiff/judicial officer]) and then send a formal notice by registered letter with acknowledgment of receipt. If the use persists, you can bring the matter before the competent Tribunal Judiciaire (Judicial Court) to seek an injunction against the use and claim damages.
Yes, any natural or legal person, whether resident in France or not, can register a trademark with the INPI. However, if the applicant is not established in a Member State of the European Union or the European Economic Area, they are obliged to appoint a representative (a lawyer or an industrial property attorney) established in France to conduct the procedure.
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Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.