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Article L711-1 of the French Intellectual Property Code

A trade mark for goods or services is a sign used to distinguish the goods or services of one natural or legal person from those of other natural or legal persons. This sign must be capable of being represented in the national trade mark register in such a way as to enable any person to determine precisely and clearly the subject matter of the protection conferred on its proprietor.

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Article L711-2 of the French Intellectual Property Code

The following may not be validly registered and, if registered, may be declared invalid: 1° A sign which cannot constitute a trade mark within the meaning of Article L. 711-1; 2° A trade mark devoid of distinctive character; 3° A trade mark composed exclusively of elements or indications which may serve to designate, in trade, a characteristic of the goods or service, and in particular the kind, quality, quantity, intended…

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Article L711-3 of the French Intellectual Property Code

I.-Shall not be validly registered and, if registered, shall be liable to be declared invalid a trade mark infringing earlier rights having effect in France, in particular: 1° An earlier trade mark : a) Where it is identical to the earlier trade mark and the goods or services which it designates are identical to those for which the earlier trade mark is protected; b) Where it is identical or similar…

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Article L712-2 of the French Intellectual Property Code

The application for registration shall be filed and published in the form and under the conditions laid down by this Title and specified by decree in Council of State. In order to benefit from a filing date, it must include in particular a representation of the mark, a list of the goods or services for which registration is sought, the identification of the applicant and be accompanied by proof of…

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Article L712-2-1 of the French Intellectual Property Code

Any local authority or public establishment for inter-communal cooperation may ask the National Institute of Industrial Property to be alerted in the event of the filing of an application to register a trademark containing its name, under conditions set by decree. The regional councils, the territorial collectivity of Corsica and the general councils may ask the Institut national de la propriété industrielle to be alerted in the event of the…

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Article L712-3 of the French Intellectual Property Code

Within two months of the publication of the application for registration, any person may submit written observations to the Director General of the National Institute of Industrial Property specifying the grounds on which the application for registration should be rejected pursuant to 2° and 3° of Article L. 712-7. Within two months of the publication of the regulations for use, any person may also submit written observations to the Director…

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Article L712-4 of the French Intellectual Property Code

Within two months of publication of the application for registration, an opposition may be filed with the Director General of the Institut national de la propriété industrielle against an application for registration in the event of infringement of one of the following earlier rights having effect in France: 1° An earlier trademark pursuant to 1° of I of Article L. 711-3 ; 2° An earlier trade mark with a reputation…

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Article L712-4-1 of the French Intellectual Property Code

The following persons may file an opposition on the basis of one or more of the rights mentioned in Article L. 712-4, provided that these rights belong to the same proprietor: 1° The proprietor of an earlier trade mark referred to in 1° and 2° of Article L. 712-4; 2° The beneficiary of an exclusive right to use an earlier registered trade mark referred to in 1° and 2° of…

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Article L712-5 of the French Intellectual Property Code

The Director General of the National Institute of Industrial Property shall rule on the opposition after an adversarial procedure including an investigation phase, under the conditions defined by decree in the Council of State. The opposition shall be deemed to have been rejected if the Director General of the Institute has not ruled within the time limit, set by the same decree, which runs from the date on which this…

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