A trademark is a distinctive sign used to identify a company’s goods or services and distinguish them from those of its competitors. It thus serves as a vehicle for brand recognition and economic value in the marketplace.
The sign eligible for trademark registration can take various forms: a word, name, slogan, logo, design, symbol, or a combination of these elements.
Distinctiveness is the essential condition for a trademark’s validity. A sign that appears ordinary or commonplace may nevertheless be accepted if it has no direct connection to the products or services it designates.
In France, trademark registration is filed with the INPI (National Institute of Industrial Property), which provides nationwide protection. It is also possible to obtain European or international protection:
- through the EUIPO (European Union Intellectual Property Office) for a trademark valid throughout the European Union;
- through WIPO (World Intellectual Property Organization) for protection in several countries worldwide.
Once registered, the trademark must be put to genuine use for the designated goods and services, in accordance with the Intellectual Property Code.
The protection conferred by registration is valid for ten years and is renewable indefinitely. It allows the owner to exercise an exclusive right of use and to bring infringement actions against any unauthorized use of the trademark throughout the term of validity.