french, community trademarks and overseas france

FRENCH, COMMUNITY TRADEMARKS
AND OVERSEAS FRANCE
France has a number of overseas islands and
territories.
These
are
the
Overseas
Departments and Territories (DROM) and the
Overseas Collectivities (COM).
While these territories are French, the status
of some of them has a direct impact on
protection of your trademarks.
The DROM are French departments and hence French and Community
trademarks are directly protected in these territories.
The issue is trickier for the COM (Saint-Pierre-et-Miquelon, Wallis et Futuna,
Saint-Barthélemy, Saint-Martin and French Polynesia).
The last-mentioned territory presents the greatest difficulty. Since 2004,
French Polynesia has enjoyed a certain civil and commercial independence
and, in particular, has handled issues of industrial property. However, it has
never adopted a specific law protecting trademarks, or even designs and
patents, thereby creating a legal vacuum.
For the moment, it is recommended to file French applications to protect
your trademarks if you wish to develop business in this part of the world;
however, there is no guarantee that French Polynesia will recognise the
validity of this protection in its territory.
For the COM territories, although French territories, they are not European
Union territories. For this reason, even if a French trademark is valid, a
Community trademark has no value in these communities.
It is therefore essential when filing an application for a trademark to carefully
target the markets in which you wish to develop your business. Directly filing
a Community trademark application without previously filing a French
trademark application could have unwanted consequences if you are selling
your products and/or services in these territories.
We are at your service to help you build your portfolio of
trademarks so that it will be perfectly adapted to your
requirements and your short- and medium-term ambitions!
Jean-Charles Nicollet
IP Lawyer
Paris, February 1st, 2012
French, Community Trademarks and Overseas France / February 2012
2
PARIS
Cabinet Regimbeau
20, rue de Chazelles
75847 PARIS CEDEX 17
Tél. : +33 (0) 1.44.29.35.00
Fax : +33 (0) 1.44.29.35.99
Contact : [email protected]
RENNES
Cabinet Regimbeau
Espace performance
Bâtiment K
35769 ST GREGOIRE CEDEX
Tél. : +33 (0) 2.23.25.26.50
Fax : +33 (0) 2 23.25.26.59
Contact : [email protected]
About Regimbeau :
REGIMBEAU Industrial Property Law Firm has supported public and private
sector companies and project owners for more than 80 years in protecting,
strengthening and making profitable their innovations (patents, brand
names, designs and models).
10 partners head up a team of 200 people whose skills are put into practice
in all the strategic aspects of industrial property: technological intelligence,
licensing contracts, IP portfolio audits, partnership negotiations, acquisition
of rights, disputes. REGIMBEAU expertise (Paris and its regional offices in Rennes,
Lyon, Grenoble, Montpellier, Toulouse, Caen and Munich) can provide an
international strategy, while maintaining a personalized relationship of very
high quality with its clients.
LYON
Cabinet Regimbeau
139, rue Vendôme
69477 Lyon Cedex 06
Tel :+33 (0)4 72 83 85 70
Fax : +33 (0)4 78 24 30 78
Contact : [email protected]
GRENOBLE
La Petite Halle
31, avenue Gustave Eiffel
38000 Grenoble
Tel : +33 (04) 38 12 24 15
Fax : +33 (0) 4 76 21 59 87
Contact :
[email protected]
MONTPELLIER
Cabinet Regimbeau
La Coupole Sud
329, rue Léon Blum
34000 MONTPELLIER
Tel :+33 (0)4 99 53 21 70
Fax : +33 (0)4 99 53 21 75
Contact :
[email protected]
CAEN
Cabinet Regimbeau
Péricentre III - 26, avenue de
Thiès
14000 Caen
Tel : +33 (0)2 31 06 10 44
Fax : +33 (0)2 31 06 09 01
Contact : [email protected]
TOULOUSE
Cabinet REGIMBEAU
Immeuble Stratège - Bâtiment A
Rue Ampère
31670 LABEGE
Tel : +33 (0)5 61 39 77 82
Fax : +33 (0)5 61 39 23 22
Contact :
[email protected]
www.regimbeau.eu
French, Community Trademarks and Overseas France / February 2012