Chapter II: Acquisition of Trade Mark Rights

Failing an express decision within the time limit mentioned in Article R. 712-24-1, the renewal declaration is deemed to be rejected.

The conditions for submitting the application and the contents of the file shall be specified by decision of the Director General of the National Institute of Industrial Property, in particular as regards: 1° The application for registration provided for in Article R. 712-3; 2° The opposition provided for in Article R. 712-14 ; 3° The declaration of withdrawal provided for in Article R. 712-21 or renunciation provided for in Article…

Until the start of the technical preparations for registration or after registration of the trade mark, the proprietor or his agent may proceed with the division of his initial application or registration. The declaration of division drawn up for this purpose may only be made on expiry of the period provided for in Article L. 712-4. It may only relate to the list of goods and services designated in the…

The declaration of division mentioned in Article R. 712-27 is accompanied by proof of payment of the prescribed fee. The conditions of presentation and the content of the declaration of division are defined by decision of the Director General of the Institut national de la propriété industrielle. If the declaration does not satisfy these conditions, the procedure provided for in 1° of article R. 712-11.

The Director General of the Institut national de la propriété industrielle shall rule on the declaration of division mentioned in Article R. 712-27 within six months of filing. This period is interrupted, where applicable, by the notification provided for in 1° of article R. 712-11 until the declaration is regularised.

Failing an express decision within the period mentioned in article R. 712-28-1, the declaration of division is deemed to be rejected.

To benefit from the free alert right provided for by Article L. 712-2-1, the local authorities and public establishments mentioned in Article L. 712-2-1 shall send the National Institute of Industrial Property an application by electronic means in accordance with the procedures laid down by decision of the Director General of the Institute. This request shall include: 1° The denomination or the name of the country for which the alert…

The alert is sent by the National Institute of Industrial Property electronically within five working days of the publication of the filing of an application for registration of the trademark, containing the name of the community or the name of the country concerned, in the Official Bulletin of Industrial Property. Where the trade mark application is filed pursuant to Regulation (EU) 2017/1001 of 14 June 2017 on the European Union…