We Offer Strategic Legal Services
Opposition and Infringement Defense in France
Protect your trademark with our French IP lawyers and paralegals. We handle every aspect of opposition and infringement defense—from filing oppositions before the INPI or EUIPO to defending your brand in court or negotiating settlements. Our approach combines legal precision with strategic protection of your commercial identity.
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What is Opposition and Infringement Defense?
Trademark opposition and infringement defense are two critical mechanisms for safeguarding your intellectual property.
- Opposition allows trademark owners to challenge the registration of a similar or identical mark before it becomes official. It’s the first legal step to prevent market confusion and dilution of your brand.
- Infringement defense involves responding to claims or actions alleging unauthorized use of a trademark. This includes defending your right to use your mark, proving fair use, or negotiating coexistence agreements.
Both procedures are governed by strict deadlines and evidentiary standards. Having professional representation ensures compliance with French and EU legal frameworks (INPI, EUIPO, and national courts).
Main Advantages :
Early conflict prevention: Stop conflicting marks before they are registered.
Comprehensive defense: Strategic representation in opposition, litigation, and settlement.
Legal expertise: Conducted by French IP lawyers familiar with EU and international law.
Cost efficiency: Prevents expensive rebranding or reputational damage.
Custom strategy: Tailored to your portfolio, industry, and commercial goals.
Trademark opposition and infringement defense together form a complete brand protection shield, ensuring you maintain control over your identity in France and across Europe.
How to Handle Opposition and Infringement Defense in France?
With FrenchCo.lawyer, your opposition or defense process is legally secure, fast, and managed entirely by our IP team.
Preliminary Review
We analyze the conflict: trademarks involved, similarity levels, classes of goods/services, and the opponent’s legal standing. You receive a full risk report with recommended actions.
Evidence and Strategy
Our lawyers collect supporting documents, establish proof of prior use or reputation, and define the most effective legal or settlement path.
Drafting and Filing
We prepare and submit the opposition or defense memorandum before the INPI, EUIPO, or relevant courts—meeting all procedural and timing requirements.
Follow-Up and Representation
We manage exchanges of observations, negotiate settlements, and represent you during hearings if required. Our team maintains continuous updates throughout the process.
Decision and Enforcement
We review the outcome, advise on appeals or coexistence arrangements, and take immediate steps to secure your rights or comply with judgments.
Why Choose FrenchCo.lawyer?
All proceedings are handled by registered French IP lawyers assisted by specialized paralegals. You benefit from strategic, compliant, and practical defense designed to protect your trademark assets efficiently—while maintaining peace of mind and business continuity.
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What We Need From You to a Handle Opposition or Infringement Defense ?
To start promptly and effectively, please provide:
Trademark Information
Registration number(s), jurisdiction(s), and classes concerned.
Opponent or Claimant Details
Name, country, and the mark(s) they have filed or claimed.
Evidence of Use or Priority
Proof of prior use, promotional materials, sales invoices, or earlier filings.
Objective
Whether you wish to oppose, defend, settle, or coexist, so we can design the right strategy.
And Then?
Once these details are received, our lawyers take over: preparing your opposition or defense file, drafting all submissions, representing you before the relevant authority, and communicating the official decision.
Opposition and Infringement Defense– Simple Process, Clear Budget
Flat legal fee starting from €1,200 excl. taxes
Additional mandatory costs: Official filing or opposition fees before INPI or EUIPO + potential translation or courier fees
No hidden costs, no unpleasant surprises
Our commitment:
No inflated defense packages
No intermediaries or agents
Only genuine legal advocacy
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Why Choose Us?
We Believe in Transparent, Lawyer-Led IP Defense and Representation
Swift and strategic action: From opposition filing to infringement response, we handle every stage with precision and urgency.
Legally sound arguments: All submissions and pleadings comply fully with French and EU intellectual property procedures.
Protective legal strategy: We defend your IP rights while minimizing business disruption and preserving your commercial reputation.
High professional standards: Every case is managed by licensed French IP lawyers, ensuring accuracy, confidentiality, and accountability.
Let us handle your IP disputes and defense —
so you can focus on strengthening your brand in France.
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Understanding the Opposition and Infringement Defense in France
Can a foreign company or individual file a trademark opposition in France or the EU?
Yes. Any person or entity holding prior rights can oppose the registration of a conflicting trademark before the INPI (France) or EUIPO (European Union Intellectual Property Office).
This includes:
- Registered trademark owners (French, EU, or international marks designating these territories).
- Owners of well-known marks or trade names with prior use.
- Licensees and exclusive distributors, if authorized to act.
Foreign applicants do not need a local establishment, but they must appoint a representative (lawyer or professional representative) domiciled in the European Economic Area (EEA) for official correspondence.
In practice, foreign rights holders can protect their brands in France and the EU through local counsel who handles filings, oppositions, and procedural deadlines on their behalf.
What Is Infringement Defense?
Infringement defense refers to the legal protection of a company accused of violating another’s trademark rights.
It aims to:
- Prove that use of the contested mark is lawful (different goods/services, non-confusing use, or descriptive fair use).
- Demonstrate that the opposing mark is invalid, expired, or unused.
- Negotiate coexistence or limitation agreements to settle disputes.
In France, infringement claims are brought before the Tribunal judiciaire with jurisdiction over IP matters (notably, the Tribunal judiciaire de Paris).
In the EU, proceedings can involve both EU trademark courts and national courts depending on the scope of the alleged infringement.
How Are Infringement Actions and Defenses Structured?
Trademark litigation in France and the EU generally follows three procedural pillars:
- Evidence phase: The claimant must prove ownership and validity of the earlier right, and establish likelihood of confusion.
- Defense phase: The defendant can challenge admissibility (lack of standing, expiry, non-use) or substance (dissimilarity, different markets, honest concurrent use).
- Remedies phase: Courts can grant injunctions, damages, publication orders, or destruction of infringing goods.
In many cases, courts encourage or validate amicable settlements that define coexistence zones or product distinctions.
What Evidence Is Required in Opposition and Defense Cases?
Both types of procedures rely heavily on documentary proof.
You may need to provide:- Trademark registration certificates (and renewals).
- Proof of genuine use (sales, advertising, website screenshots, invoices).
- Market studies showing confusion or reputation.
- Correspondence evidencing prior knowledge or negotiations.
At the EUIPO, opponents must show use of the mark if requested by the other party and if the earlier mark is older than 5 years. Lack of proof leads to automatic rejection.
- Trademark registration certificates (and renewals).
Can Opposition and Infringement Be Combined?
Yes.
An opponent may oppose first to block registration and file a separate infringement action if the applicant uses the mark before registration is complete.
Conversely, an infringement defendant can file for cancellation or non-use of the opponent’s mark to weaken their claim.
This strategic interplay between administrative and judicial remedies is essential to a coherent brand protection plan.
Opposing a Trademark in France
In France, opposition is governed by the Code de la propriété intellectuelle (CPI) and filed before the INPI.
Eligible opponents include holders of earlier French, EU, or international trademarks, business names, or domain names.
Steps and deadlines:
- The opposition must be filed within two months from publication of the contested application.
- It must identify the earlier mark, grounds (identity/similarity), and classes concerned.
- Supporting evidence (registrations, proof of use, etc.) must be submitted within one month of filing.
The INPI examines both parties’ arguments and issues a reasoned decision. Either party may appeal before the Cour d’appel de Paris within one month of notification.
Opposing an EU Trademark
Before the EUIPO, oppositions follow the same principles but with broader territorial scope.
An opposition can be based on:
- Earlier EU trademarks or international marks designating the EU.
- National marks from any EU Member State.
- Non-registered marks with earlier use and reputation in the EU.
Key points:
- Deadline: 3 months from publication in the EU Trade Marks Bulletin.
- Language: English, French, German, Italian, or Spanish (you choose).
- Representation: mandatory for non-EU residents.
- The EUIPO encourages cooling-off periods (usually 2–6 months) to allow negotiation or settlement before formal proceedings resume.
A decision can be appealed to the EUIPO Boards of Appeal, and further to the General Court of the European Union.
What Are the Main Differences Between Opposition and Infringement?
Aspect | Opposition | Infringement |
Stage | Before registration (preventive) | After registration or use (reactive) |
Authority | INPI (France), EUIPO (EU) | Courts (national or EU) |
Objective | Prevent registration of a similar mark | Stop unauthorized use of a mark |
Timing | Within 2–3 months of publication | At any time during use |
Cost | Generally lower (administrative) | Higher (judicial procedure) |
Outcome | Registration refused or limited | Injunctions, damages, or settlement |
In practice, opposition is a cost-effective preemptive strike, while infringement proceedings are a defensive shield once use has already occurred.
How Are Deadlines Managed?
Deadlines are strict and non-extendable (except for official suspensions or cooling-off).
- INPI (France): 2 months from publication.
- EUIPO: 3 months from publication.
- Court actions: Vary depending on jurisdiction but often limited by a 5-year non-use period or limitation for inaction (acquiescence).
Missing a deadline usually leads to loss of rights to act or defend, hence the importance of professional monitoring and legal representation.
What Are the Costs and Risks?
Opposition proceedings are relatively affordable—official INPI or EUIPO fees start at a few hundred euros, plus lawyer fees.
Court actions are more expensive, involving procedural costs, damages claims, and risk of reimbursement of the other party’s legal expenses if you lose.
Failure to respond or missing deadlines can result in automatic loss or default judgment, highlighting the need for early legal guidance.
Defend Your IP Rights in France
Let our French lawyers & paralegals
handle your opposition or infringement case.
More About Opposition and Infringement Defense in France
Can companies file oppositions?
Yes. Both individuals and legal entities can file oppositions before the INPI or EUIPO when their earlier rights are infringed or at risk.
What documents will I need?
You’ll need proof of your earlier rights (e.g., trademark registration), any evidence of use, and supporting legal documents for the opposition or defense.
Do I need a French lawyer?
Yes, representation by a French IP lawyer is strongly advised — it ensures procedural compliance and builds a solid legal strategy.
How long does an opposition take?
The average duration is between 6 to 12 months, depending on complexity, procedural exchanges, and INPI or EUIPO workload.
Can I defend remotely?
Absolutely. Our IP lawyers manage all filings, submissions, and hearings online, so you can defend your rights from anywhere.
What are the typical costs?
- Costs depend on the case type and procedural stage. We offer transparent, fixed-fee legal defense without hidden charges.
What about evidence and deadlines?
We ensure all evidence and procedural responses meet INPI or EUIPO requirements and are filed within statutory deadlines.
Can I appeal an opposition decision?
Yes. You can appeal before the competent courts or IP offices within the prescribed timeframe. We handle the full appeal process.
