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Protect Your Trademarks & IP in France with Our Legal Experts
Secure what you have built. Our French intellectual property lawyers and paralegals handle the full trademark registration and IP protection process from start to finish: conducting availability searches, filing applications before the INPI and EUIPO, monitoring registered rights, opposing conflicting marks, and enforcing your IP against infringers across France and Europe.
Why Trademark and IP Protection Is Essential for Your Business in France?
Intellectual property is the legal foundation of brand value. A name, a logo, a software, a design, or an invention generates commercial value only when it is legally protected — and in France, as across Europe, that protection is never automatic. It must be actively sought, correctly filed, and diligently maintained.
France offers a robust and multi-layered IP protection framework, combining national rights administered by the Institut National de la Propriété Industrielle (INPI) with European rights managed by the European Union Intellectual Property Office (EUIPO) and the European Patent Office (EPO). For businesses operating internationally, these systems connect to global protection mechanisms through the World Intellectual Property Organization (WIPO).
French law recognises and protects a broad range of intellectual property rights, each governed by its own legal regime:
- Trademarks (marques): signs — words, logos, colours, shapes, sounds — that distinguish the goods or services of one business from those of another. A registered trademark gives its owner an exclusive right to use the sign in relation to the designated goods and services within the registered territory for a renewable period of 10 years.
- Patents (brevets): exclusive rights granted to inventors for new, inventive, and industrially applicable technical solutions. A French patent provides 20 years of exclusivity from the filing date, in exchange for full public disclosure of the invention.
- Designs (dessins et modèles): protection for the visual appearance of a product — its shape, lines, colours, texture, or ornamentation. A registered design provides up to 25 years of protection.
- Copyright (droit d’auteur): automatic protection for original literary, artistic, musical, and software works from the moment of creation — no registration required, but proper documentation and enforcement strategy are essential.
- Software and database protection: specific regimes under French and EU law protect software through copyright and databases through the droit sui generis — a uniquely French and European creation protecting the substantial investment in database construction.
For businesses entering France or operating across borders, a coherent IP strategy — identifying which rights to register, in which territories, and how to enforce them — is as important as the commercial strategy itself.
Advantages of Our Accounting and Tax Service
Exclusive rights: a registered trademark or patent gives you the legal power to prevent competitors from using your IP — and to seek damages if they do.
Territorial and temporal certainty: registered rights define exactly where and for how long your exclusivity applies, enabling confident commercial planning.
Business asset: registered IP is a tangible asset that can be licensed, sold, pledged as security, or used to attract investors and acquirers.
Customs and border protection: registered trademarks and designs can be recorded with French and EU customs authorities, enabling detention of counterfeit goods at the border.
Legal standing to enforce: registration is the prerequisite for effective enforcement — without it, infringement actions are significantly more difficult and expensive.
Protecting your IP in France is not a formality. It is the legal architecture of your competitive advantage.
How to Register and Protect Your IP in France?
Securing intellectual property rights in France follows a structured legal process. With FrenchCo.lawyer, everything is managed for you in five clear, legally compliant steps:
Availability Search and IP Audit
Before any filing, we conduct a thorough availability search across the INPI, EUIPO, and WIPO databases to identify prior rights that could conflict with your proposed trademark, design, or patent. For trademarks, we assess not only identical marks but also confusingly similar signs across relevant classes. We deliver a clear risk assessment and advise on how to proceed — whether to file as planned, modify the sign, or challenge a conflicting prior right.
Strategy and Filing Scope
We advise on the optimal filing strategy: national registration before the INPI for France-specific protection, EU trademark registration before the EUIPO for pan-European coverage, or an international application via the Madrid System for global reach. For patents, we advise on the choice between a French national application, a European Patent Office filing, or a PCT international application. We identify the correct Nice Classification classes for trademark filings and draft claims and descriptions for patent applications with the precision that validity and enforceability require.
Drafting and Filing the Application
Our lawyers prepare and file the complete application — trademark, patent, or design — before the relevant authority: INPI, EUIPO, or EPO. We draft all supporting documentation, respond to any examiner objections (observations) during the examination phase, and manage the application through to registration or grant.
Monitoring, Opposition, and Enforcement
Registration is not the end of IP protection — it is the beginning. We provide trademark watch services to monitor new applications that could conflict with your registered rights, and we file opposition proceedings before the INPI or EUIPO where a conflicting application is identified. Where infringement occurs, we issue cease-and-desist letters, initiate saisie-contrefaçon (IP seizure) procedures, and represent you in infringement litigation before the Paris courts.
Maintenance, Renewal, and Portfolio Management
IP rights require active management. We track renewal deadlines for trademarks and designs, advise on use obligations (a trademark not genuinely used for five consecutive years is vulnerable to cancellation for non-use), manage assignments and licences of your registered rights, and advise on the tax treatment of IP assets within your corporate structure.
Why Choose FrenchCo.lawyer?
Your IP portfolio is managed end-to-end by French intellectual property lawyers with direct experience before the INPI, EUIPO, and French courts. We ensure that every right is correctly filed, actively monitored, and robustly enforced — transforming your IP from a legal formality into a genuine business asset.
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What We Need From You to Protect Your IP in France?
To begin your trademark registration or IP protection matter, please provide:
Details of the IP to Be Protected
For trademarks: the word, logo, or sign you wish to register, the goods and services it will cover, and the territories in which protection is required. For patents: a description of the invention, its technical field, and prior art you are aware of. For designs: images or drawings of the product's visual appearance and the target markets.
Your Business and Sector Information
Company name, SIREN (if already incorporated in France), sector of activity, and a brief description of how the IP is used or will be used commercially. This allows us to identify the correct Nice Classification classes and assess the realistic scope of protection available.
Existing IP Assets and Prior Filings
Details of any prior trademark, patent, or design registrations you already hold — in France or elsewhere — together with any opposition, cancellation, or infringement proceedings currently in progress. This ensures that our strategy builds on your existing portfolio without creating conflicts.
Any Urgent Enforcement Issues
If you are already aware of a conflicting mark, an ongoing infringement, or a counterfeit product in circulation, please flag this at the outset. Enforcement situations are time-sensitive and we treat them with immediate priority.
And Then?
Once we receive these elements, our lawyers conduct the availability search, deliver a strategic assessment, and proceed to filing — or to enforcement action where the situation demands it. You receive regular updates at each stage of the registration process and a clear view of your IP portfolio's status at all times.
Trademarks & IP Protection in France – Transparent Fees, Clear Process
Trademark availability search from €250 excl. taxes
French national trademark filing (INPI) from €499 excl. taxes (one class; additional classes at reduced rate)
EU trademark filing (EUIPO) from €699 excl. taxes
Additional mandatory costs: official INPI / EUIPO filing fees + legal gazette publication fees where applicable
No hidden costs, no unpleasant surprises
Our commitment:
No hidden steps or unnecessary add-ons
No middlemen — direct legal handling by qualified IP lawyers from day one
Only compliant, strategically sound filings carried out by registered French lawyers
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Why Choose Us?
We Deliver Transparent, Lawyer-Led Accounting & Tax Support
Strategic from the outset: We do not simply file applications — we design an IP strategy aligned with your commercial objectives, territorial footprint, and budget, ensuring that every registration delivers real business value.
Legally compliant process: Every filing follows the current procedural requirements of the INPI, EUIPO, and EPO — with claims and specifications drafted to maximise the scope and robustness of protection granted.
Protective legal drafting: Our trademark and patent applications are drafted to withstand opposition and invalidity challenges — not just to pass examination, but to hold up under pressure when it matters most.
Let us handle your IP protection — so you can build your brand, develop your technology, and grow your business in France with the confidence that what you create is legally yours.
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Understanding Trademarks & IP Protection in French Law
What can be registered as a trademark in France?
Under Article L. 711-1 of the Code de la propriété intellectuelle, a trademark is any sign capable of being represented graphically that distinguishes the goods or services of one undertaking from those of others.
Registrable signs include: words (including personal names, geographical names, slogans, and invented terms), logos and figurative marks, colours (alone or in combination), shapes (of products or packaging), sounds (jingles, melodies), and three-dimensional marks. Since the 2019 reform, non-traditional marks — including motion marks, hologram marks, and multimedia marks — are also registrable provided they can be represented in the register in a clear and precise manner.
A sign cannot be registered as a trademark if it: is descriptive of the goods or services it covers; is generic in the relevant trade; consists exclusively of the shape imposed by the nature or function of the product; is contrary to public order or morality; or is likely to deceive consumers as to the nature, quality, or origin of the goods.
What is the difference between a French trademark (INPI) and an EU trademark (EUIPO)?
A French national trademark filed before the INPI provides protection exclusively within French territory. It is the most cost-effective option for businesses whose commercial activities are limited to France, and it serves as the basis for priority claims in subsequent international filings.
An EU trademark filed before the EUIPO provides uniform protection across all 27 EU member states through a single application, a single registration, and a single renewal. It is the most efficient option for businesses operating across Europe, as it eliminates the need to file separate national applications in each member state. One important risk: a single successful invalidity or revocation action can destroy the EU trademark across all territories simultaneously.
For global protection, the Madrid System (administered by WIPO) allows an international application to be filed on the basis of a home registration, designating up to 130+ member countries — a powerful and cost-effective tool for businesses with international ambitions.
What is a saisie-contrefaçon and when should I use it?
The saisie-contrefaçon is a uniquely French evidentiary procedure that allows an IP rights holder to obtain a court order — obtained ex parte (without notice to the defendant) — authorising a bailiff (huissier de justice) to enter premises and seize or describe evidence of infringement.
It is one of the most powerful tools available to IP rights holders in France, and it is available for all registered IP rights: trademarks, patents, designs, and copyright. The saisie produces a formal bailiff’s report that constitutes admissible evidence in subsequent infringement proceedings.
The procedure is particularly useful where: infringement is occurring on a large scale and evidence would otherwise be destroyed; counterfeit goods are being produced or stored at a known location; or the rights holder needs to preserve evidence before the defendant becomes aware of the legal action.
Our lawyers prepare the saisie-contrefaçon petition, attend the execution with the bailiff where required, and use the resulting evidence as the foundation for injunction and damages proceedings before the Paris courts.
Practical Roadmap: Protect Your IP in France in 5 Steps
- Conduct an availability search: verify that your mark, invention, or design does not conflict with existing prior rights before committing to filing.
- Define the filing strategy: choose between national (INPI), European (EUIPO/EPO), or international (Madrid/PCT) protection based on your territorial and commercial objectives.
- File the application: submit the complete, correctly classified application and manage it through to registration or grant.
- Monitor and oppose: watch for conflicting applications and file oppositions promptly within the two-month opposition window.
- Enforce and maintain: renew rights on time, use them genuinely, and act swiftly against infringers to preserve the commercial value of your portfolio.
What is the Nice Classification and how many classes do I need?
The Nice Classification is the international system — administered by WIPO — that organises goods and services into 45 classes (classes 1–34 for goods, classes 35–45 for services). Every trademark application must designate the specific classes covering the goods and services for which protection is sought.
Choosing the right classes is a strategic decision. Too narrow, and competitors may register similar marks in classes you have not covered. Too broad, and you pay unnecessary fees and risk a cancellation action for non-use in classes where the mark is not genuinely deployed.
Our lawyers advise on class selection based on your current and anticipated business activities, ensuring that your trademark registration provides comprehensive and commercially meaningful protection.
How does the trademark opposition procedure work in France and at the EUIPO?
Once a trademark application is filed and passes the formal examination, it is published in the official gazette — at the INPI or the EUIPO — opening a two-month opposition period during which third parties may file an opposition based on prior rights.
An opposition may be based on: an earlier identical or similar trademark registered for identical or similar goods/services; an earlier well-known mark (marque notoire); or, at the EUIPO, certain other earlier rights including trade names and geographical indications.
The opposition procedure involves written submissions from both parties, an examination by the INPI or EUIPO opposition division, and — in many cases — a negotiated settlement or coexistence agreement. If the opposition is upheld, the application is refused (in whole or in part). If dismissed, the mark proceeds to registration.
Our lawyers both file oppositions against conflicting applications and defend applications subject to third-party opposition — at both the national and European level.
What protection does French law provide for software?
Software is protected in France under copyright law (droit d’auteur) — automatically, from the moment of creation, without any registration requirement. The author of original software holds exclusive economic rights to reproduce, distribute, adapt, and communicate the work, as well as moral rights that are inalienable under French law.
For businesses, the key issues are: ownership (software created by employees in the course of their duties belongs to the employer under Article L. 113-9 CPI — but only if the conditions are strictly met); licensing (software licence agreements must be carefully drafted to define the scope of rights granted); and enforcement (copyright infringement — including unauthorised copying, decompilation, or reverse engineering — is both a civil and criminal offence in France).
Databases receive additional protection under the droit sui generis (Articles L. 341-1 et seq. CPI), which protects the substantial investment in obtaining, verifying, or presenting database contents — independently of whether the database is original enough to qualify for copyright protection.
What is the difference between trademark non-use cancellation and invalidity?
These are two distinct legal actions that can be used to challenge a registered trademark:
Cancellation for non-use (déchéance pour non-usage): a registered trademark that has not been genuinely used in France (or the EU, for EU trademarks) for a continuous period of five years from registration can be cancelled — in whole or in part — on the application of any interested party. Genuine use means real commercial use in the ordinary course of trade, not token use designed solely to maintain the registration. From 2019, cancellation actions before the INPI are now handled administratively (rather than exclusively by the courts), making them faster and less expensive.
Invalidity (nullité): a trademark can be declared invalid if it should never have been registered — for example, because it was descriptive or generic at the time of filing, because it was filed in bad faith, or because it conflicts with an earlier right. Invalidity has retroactive effect: the trademark is deemed never to have existed.
Both actions are used both offensively — to clear the register of blocking marks — and defensively, as counterclaims in infringement proceedings. Our lawyers advise on the merits and strategy for both.
Build and Protect Your IP Portfolio in France
Let our French IP lawyers register, monitor, and enforce your trademarks, patents, and designs — turning your intellectual property into a legally protected, commercially exploitable business asset.
More About Trademarks & IP Protection in France
Can a foreign company register a trademark in France without being incorporated there?
Yes. Foreign individuals and companies — regardless of nationality or place of establishment — can file trademark applications before the INPI or EUIPO directly. No French legal presence is required for registration, though a French address for correspondence is needed for INPI filings.
How long does a French trademark registration take?
A standard INPI trademark application takes approximately 5 to 6 months from filing to registration, assuming no office actions or oppositions. EU trademark registrations at the EUIPO typically take 4 to 6 months in straightforward cases.
Can I register a trademark in France if the same mark is already registered abroad?
Yes — trademark rights are territorial. A prior registration in the United States, United Kingdom, or elsewhere does not automatically confer rights in France. However, if you hold a prior foreign registration, you may benefit from a priority right allowing you to claim the earlier filing date in France within 6 months of the original application.
What happens if someone copies my trademark before I register it?
In France, unregistered marks may be protected under unfair competition law (concurrence déloyale) and parasitism (parasitisme) doctrines — but only if you can prove prior, established use and damage. This protection is significantly harder and more expensive to assert than a registered trademark right. Registration is always the safer and more reliable approach.
Do I need a separate trademark for my logo and my company name?
Yes — a company name (dénomination sociale) registered with the Registre du Commerce et des Sociétés does not automatically confer trademark rights. Conversely, a trademark registration does not substitute for company name registration. Both should be secured independently, and our lawyers advise on the optimal combination of protections for your brand identity.
Can I license my French trademark to a third party?
Yes. A registered trademark can be licensed — exclusively or non-exclusively — to one or more third parties through a licence agreement. The licence should be recorded at the INPI to be enforceable against third parties. Our lawyers draft trademark licence agreements that protect both licensor and licensee and preserve the validity of the mark.
What is a well-known trademark (marque notoire) and what additional protection does it receive?
A well-known trademark — one that is recognised by a significant proportion of the relevant public — benefits from extended protection beyond the goods and services for which it is registered. Use of a conflicting sign in relation to non-similar goods or services can constitute infringement if it takes unfair advantage of, or is detrimental to, the distinctive character or repute of the well-known mark. Our lawyers advise on establishing and asserting well-known status in French proceedings.
