Trade mark registration: guide to the procedure

Registering a trade mark is a key step in protecting the commercial identity of a business or a product over the long term. This process, governed by the French Intellectual Property Code and by European regulations, calls for a methodical approach in order to avoid legal and financial pitfalls. From checking whether the sign is available to obtaining the registration certificate, each step of the trade mark registration procedure follows precise rules that must be mastered. This 2026 trade mark guide sets out the administrative steps, the strategic choices and the precautions to take in order to secure your intellectual property rights effectively.

Understanding the legal foundations of trade mark registration

The French and European legal framework

Trade mark registration rests on several reference texts. Article L711-1 of the French Intellectual Property Code defines a trade mark as "a sign capable of graphic representation serving to distinguish the goods or services of a natural or legal person". European Regulation No. 2017/1001 of 14 June 2017 harmonises procedures at EU level, while the Madrid Agreement facilitates international filings.

The French National Institute of Industrial Property (INPI) centralises the examination of French applications. Since the reform of 1 October 2019, certain formalities have been simplified, in particular as regards the graphic representation of sound and multimedia marks. These developments substantially change the conditions on which filed signs are accepted.

The conditions for a valid sign

Four cumulative conditions govern the registration of a trade mark. The sign must be distinctive, that is, capable of distinguishing the goods or services of one business from those of its competitors. It must not be deceptive, in other words it must not mislead the consumer as to the nature of the product. The sign must also not be generic: a term that directly designates the product cannot be appropriated. Finally, the sign must not infringe earlier rights.

Take a restaurateur who wishes to protect the name of his or her establishment. The word "Restaurant" on its own will be refused for lack of distinctiveness, whereas a name such as "Le Petit Bistrot de Montmartre" may be accepted if it does not reproduce an existing trade mark.

Carrying out prior searches for earlier rights

The obligation to check earlier rights

Before any filing, a search for earlier rights is necessary in order to identify the trade marks, trade names and other distinctive signs that could prevent registration. Article L711-4 of the French Intellectual Property Code provides that signs reproducing or imitating an earlier trade mark for identical or similar goods or services are, in particular, prohibited.

This search covers several databases: the French national register (the INPI Marques database), the TMview database for the European Union, and the Global Brand Database of the World Intellectual Property Organization (WIPO) for international trade marks. Company names must also be checked through the INSEE Sirene database and Infogreffe.

Methodology of the search for earlier rights

The search is organised around three levels of investigation. The identical search checks whether the exact sign exists in the classes of goods and services concerned. The search for phonetic, visual and conceptual similarity widens the scope to close signs likely to create confusion. Finally, the extended search covers well-known marks enjoying protection across classes.

In practical terms, an entrepreneur wishing to register a trade mark for clothing will need to check not only identical marks in class 25 (clothing), but also signs that are phonetically or visually similar, as well as well-known marks protected beyond their original class.

The searches may be carried out free of charge by the applicant or entrusted to an industrial property adviser (conseil en propriété industrielle) for an in-depth analysis. INPI also offers a search service for earlier rights, charged according to an official scale updated annually.

Determining the geographical protection strategy

Choosing the appropriate level of protection

Three main options are open to the applicant, depending on the geographical extent of the business. A French national filing with INPI suits businesses operating exclusively within French territory. The European Union trade mark, managed by the European Union Intellectual Property Office (EUIPO), protects simultaneously in the 27 Member States. The Madrid system makes it possible to extend protection to more than 120 countries through a centralised procedure.

The choice depends on several factors: current and planned commercial presence, available budgets, and the business's development strategy. A technology start-up with European ambitions will often favour an EU trade mark, whereas a local craftsperson will be content with a national filing.

Anticipating commercial developments

The term of protection of a trade mark (10 years, renewable indefinitely) requires thought to be given to possible changes in the business. An online retailer initially focused on France may later extend its mark through the Madrid system, but will bear additional costs and be exposed to new risks of earlier rights.

The interplay between the different levels of protection also deserves attention. An earlier national mark may block a later European filing, just as an EU trade mark may block national extensions in certain Member States.

Defining the goods and services precisely

The Nice classification system

The Nice Agreement of 15 June 1957 establishes an international classification of goods and services divided into 45 classes. Classes 1 to 34 concern goods (chemicals, vehicles, jewellery, etc.), and classes 35 to 45 cover services (advertising, transport, catering, etc.). Each class has a general heading clarified by specific alphabetical terms.

The 12th edition of the classification, which entered into force on 1 January 2024, introduces new headings relating to digital matters and emerging technologies. For example, virtual and augmented reality services now have specific headings in class 41 (education, entertainment) and class 42 (technology services).

Strategies for wording goods and services

Drafting the goods and services requires a balance between precision and breadth of protection. Headings that are too general risk rejection by the INPI examiner, while terms that are too restrictive limit the scope of protection. Article R712-4 of the French Intellectual Property Code requires the terms to be "clear and precise".

Take a restaurateur who also offers a catering service and sells processed food products. He or she will need to consider several classes: class 29 (processed food products), class 30 (pastries, prepared meals), class 43 (restaurant services). This multi-class approach, which is more costly, ensures consistent protection of the whole of the business.

Certain generic terms are systematically refused by INPI. The expressions "all goods in class X" or "all services in class Y" have no longer been accepted since the European directives of 2019. Each category of goods or services concerned must be listed specifically.

Preparing and filing the application

Mandatory documents and information

The registration application form, referenced M0, brings together all the information required. The applicant's details (identity, address, capacity) must correspond exactly to the civil status documents or to the company's articles of association. For legal entities, a Kbis extract (extract from the French commercial register) issued less than three months earlier is proof of the company name and the registered office address.

The representation of the mark follows precise technical rules. Figurative marks require an image file of sufficient quality (300 dpi minimum, JPEG or PNG formats accepted). Three-dimensional marks require several views allowing the shape to be seen from every angle. Since 2019, sound marks may be represented by an MP3 audio file accompanied by a score where one exists.

Electronic filing procedure

Online filing through the INPI website is now the preferred route, offering a preferential fee and faster processing. The secure platform allows documents to be uploaded directly, the conformity of the file to be checked and payment to be made by bank card or transfer.

The system automatically assigns a filing number and a priority date as soon as the complete file is validated. An electronic acknowledgement of receipt confirms that the file has been properly received and starts the 5-month examination period. This dematerialisation significantly speeds up timescales compared with traditional paper filing.

The 2024 fees range from €190 for one class filed electronically to €250 for a postal filing. Each additional class costs €40 online and €42 on paper. These amounts, revised annually, include publication in the Official Bulletin of Industrial Property (BOPI).

Anticipating the INPI examination procedure

The stages of the administrative examination

The examination of the application follows a precise timetable of 5 months at most. First, INPI checks the formal regularity of the file: conformity of the form, legibility of the mark, payment of fees. Minor irregularities are notified, allowing them to be remedied within two months.

The substantive examination then addresses the absolute grounds for refusal listed in Article L711-2 of the French Intellectual Property Code: lack of distinctiveness, deceptiveness, contrariety to public policy or morality. INPI does not check for earlier rights of its own motion, that responsibility falling on the applicant and on the holders of earlier rights.

Handling objections and oppositions

INPI objections suspend the procedure and require a reasoned response within two months. The applicant may amend the application (limiting the goods and services, changing the representation) or contest the objection with legal and technical arguments. The assistance of an industrial property adviser often proves necessary for these contentious phases.

In parallel, third parties may file an opposition within two months of publication of the application in the BOPI. This adversarial procedure, governed by Articles R712-13 et seq. of the French Intellectual Property Code, allows holders of earlier rights to assert their claims. The opposition suspends registration until it is resolved amicably or by decision of INPI.

Optimising post-registration management

Monitoring and defending the trade mark

Obtaining the registration certificate marks the start of the obligations of active monitoring. The holder must watch for later filings likely to infringe its rights, through the weekly BOPI publications or specialist watch services. This vigilance determines the effectiveness of infringement or opposition actions. The actions based on civil liability, which complement the infringement action, are presented in our article on parasitism and unfair competition.

Genuine use of the mark within the five years following registration is a condition for maintaining the rights. Article L714-5 of the French Intellectual Property Code penalises non-use by revocation, save for legitimate reasons. This obligation implies real, non-token commercial use for the goods and services claimed.

Renewal and extension of protection

The ten-yearly renewal is made within the six months preceding expiry or within the six months following it, subject to a late surcharge of 25%. The simplified procedure makes it possible to maintain protection on payment of the fees alone, without any new substantive examination. Failure to renew results in the definitive lapse of the rights.

Geographical extension through the Madrid system remains possible throughout the life of the basic mark. This strategy makes it possible to adapt protection to changes in markets without repeating all of the initial steps. The costs are generally lower than separate national filings in each country concerned.

Frequently asked questions

How long should be allowed for registration of a French trade mark?

The standard procedure takes approximately 5 to 6 months from filing. This period includes examination by INPI (5 months at most), the 2-month opposition period, and issue of the certificate. Where there is no objection or opposition, registration may be obtained as early as the 5th month. Complex cases, or those subject to challenge, may require 12 to 18 months of procedure.

Can a trade mark identical to that of an existing business be registered in a different sector?

It depends on the reputation of the existing business and on the degree of similarity between the activities. A mark identical to a company name may be accepted if the sectors of activity are far enough apart to avoid any risk of confusion. However, well-known marks enjoy extended protection even outside their original sector, in accordance with Article L713-5 of the French Intellectual Property Code.

Are trade mark filing fees tax-deductible for businesses?

Filing fees are expenses deductible from taxable profit for the financial year in which they are incurred, under Article 39-1-2° of the French General Tax Code. For marks representing a significant investment, the business may opt to amortise them over the period of protection (10 years), which spreads the tax charge. This option, which is irrevocable, must be consistent with the general accounting policy.

Is it mandatory to use a lawyer or an adviser to register a trade mark?

Using a professional is not mandatory for French national filings. Any applicant may carry out the steps personally through the INPI website. However, the assistance of an industrial property adviser or of a lawyer who focuses on the field is recommended for complex cases, in-depth searches for earlier rights, or the handling of objections and oppositions. For European and international marks, the use of a professional representative is often mandatory.

What happens if my trade mark is challenged after registration?

Several procedures can call a registration into question after it has been granted. An action for invalidity, brought before the judicial court (tribunal judiciaire), targets marks registered in breach of the conditions of validity. An application for revocation penalises non-use within 5 years or the degeneration of the mark into a generic term. These procedures, governed by Articles L714-3 et seq. of the French Intellectual Property Code, may result in total or partial cancellation of the rights.

Is a trade mark registered in France automatically protected abroad?

No, trade mark protection follows the principle of territoriality. A French mark confers rights only in metropolitan France and in the overseas departments. To protect the mark in other countries, specific filings must be made: an EU trade mark for the 27 Member States, national filings, or an extension through the Madrid system. The French mark may nevertheless serve as the basis for these extensions within a period of 6 months (right of priority under the Paris Convention).

How can a trade mark be modified after registration?

Substantial modifications to a registered mark are not permitted because they would alter the identity of the protected sign. Only corrections of obvious errors (typing mistakes, address errors) may be rectified through a specific procedure. To modify the mark significantly or to extend the list of goods and services, a new filing must be made. By contrast, voluntary limitation of the goods and services remains possible at any time by means of a declaration of partial surrender.

The trade mark registration procedure rests on a rigorous methodology combining prior searches, strategic choices and post-registration monitoring. This process, although accessible to non-specialists in simple cases, gains in effectiveness with the support of experienced professionals. The protection obtained is a lasting intangible asset, provided that the obligations of use and monitoring are met. In an increasingly demanding competitive environment, a structured trade mark strategy becomes a decisive lever for differentiation and commercial valuation. The joint protection of the mark, of creations and of know-how is dealt with in our article on the intangible assets of the business.