Trade Marks at a Glance

The brand is defined by Article L.711-1 of intellectual property as a sign capable of graphic representation serving to distinguish goods or services of any person or entity.

"The brand name, trade or service mark is a sign capable of graphic representation serving to distinguish goods or services of any person or entity.

Particular, may constitute such a sign:
a) The denominations in all forms such as words, combinations of words, surnames and geographical names, pseudonyms, letters, numerals, abbreviations;
b) audible signs such as sounds, musical phrases;
c) figurative signs such as drawings, labels, stamps, borders, reliefs, holograms, logos, graphics, shapes, particularly those of the product or its packaging or those that identify a service arrangements, combinations or shades of colors. "

Every business needs to identify and distinguish itself from its competitors to use distinctive signs such as name, the brand ... and the brand.
The company does have the ability to register a trademark.
The brand will customize its products to differentiate them from those of competitors.

The choice of brand is fairly complex because it must be a strategic choice that attracts the consumer, which leads to contract with the company.
This is the brand that reflects the corporate image but also requires that such election is legally possible, notably to avoid exploitation of the mark by a competitor.


A brand can take many forms. They may be names: words, letters, numbers, surnames ...
It may be sound, figurative ... It may be all at once, it will be a brand called complex.
It must be capable of graphic representation.

But above all it must meet certain basic conditions.
It must be distinctive in relation to goods or services it designates.
Including brand must not be descriptive of the product. It should not be generic, necessary, usual, or simply a product feature.

The mark must not contain misleading elements or prohibited by law. Indeed, it should not mislead about the nature, quality or provenance of the product. It must not be contrary to law, morality or public order.

Also check that the mark does not affect a prior right belonging to another person. There may be other distinctive signs, especially when the brand has already been filed by a third person, or prior rights as absolute a right of personality or a copyright.

Any company can apply for trademark registration, it is even possible to use an agent.
In France, the record is filed with the INPI, National Institute of Industrial Property or at the Registry of the Commercial Court in whose jurisdiction the applicant's residence or headquarters.
At the community level, the filing is done before the OHIM Office for Harmonization in the Internal Market or from the registration bodies of member states.
The record must include, in particular the identity of the applicant, the representation of the brand, products or services it designates and details of classes.

To grant registration, reviewers will check the formal validity of the record, no missing piece, but they will also attach to the bottom and check that the conditions of validity are met. However, they do not dwell on the presence or absence of a prior right. But the deposit is subject to publication, so if a third party is aggrieved by the filing of that mark, he may make observations to OHIM or INPI. And if the mark has already been filed earlier, the holder may then lodge an objection. If this opposition is justified, the registration application will be rejected, but if it is unfounded, the mark will be registered.

If the examiner allowed the application for registration, the holder of the trademark owner will retroactively to the date of filing. The trademark right is effective for ten years renewable. He died at the lack of renewal, the waiver by the revocation action or revocation action.
Indeed, it is always possible for third, after registration of the mark to bring an action for annulment, including lack of distinctiveness, illegality, lack of plot or for infringement of a prior right.
And action for revocation sanction the absence of genuine use of the mark by the proprietor for the goods or services for an uninterrupted period of five years, unless they can claim a good cause.

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