Brand Protection in France

The Institutional Framework

Brand protection in France is primarily governed by the Code de la propriété intellectuelle (CPI), which implements EU trademark directives and regulations. The Institut National de la Propriété Industrielle (INPI) is the national patent and trademark office responsible for registering trademarks, designs, and patents in France. The INPI examines applications for absolute grounds of refusal (distinctiveness, descriptiveness, deceptiveness, public policy) but does not examine relative grounds (conflicts with earlier rights), which are resolved through opposition proceedings.

The INSEE (Institut National de la Statistique et des Études Économiques) registration of a business name (nom commercial) is distinct from trademark registration. While INSEE registration confers a limited right to use the business name within a geographic area, it does not provide the nationwide exclusive protection of a registered trademark. The Registre du Commerce et des Sociétés (RCS) similarly registers company names without conferring trademark rights.

Trademark Registration and Opposition

A French trademark may consist of any sign capable of being represented graphically: words, devices, shapes, colours, sounds, or holograms. Since 2019 (Ordinance No. 2019-1169 of 13 November 2019, transposing Directive 2015/2436), the requirement of graphic representation has been abolished; marks may now be represented in any appropriate form using generally available technology. The INPI publishes applications and allows a two-month opposition period for owners of earlier marks.

The opposition may be brought by the owner of an earlier registered French mark, an EU mark, an international registration designating France, or a well-known mark under Article 6bis of the Paris Convention. The grounds for opposition include likelihood of confusion, dilution of the earlier mark, and infringement of prior rights (company name, trade name, copyright, design rights). The opposition procedure is administrative and conducted before the INPI; decisions are subject to appeal before the Cour d’appel.

Trademark Infringement: Contrefaçon

Trademark infringement (contrefaçon) is governed by Articles L. 713-1 to L. 713-6 CPI and may be either civil or criminal in nature. Civil infringement is established where: (1) the allegedly infringing sign is identical to the registered mark and used for identical goods or services; (2) the sign is identical or similar and used for identical or similar goods or services where there exists a likelihood of confusion; or (3) the sign is identical or similar and used for dissimilar goods or services where the earlier mark has a reputation and use of the sign without due cause takes unfair advantage of or is detrimental to the distinctive character or repute of the earlier mark.

The Cour de cassation in Civ. 1ère, 13 September 2017, No. 16-19.177 affirmed that the likelihood of confusion must be assessed globally, taking into account all relevant factors, including the degree of similarity between the signs and goods or services, the distinctive character of the earlier mark, and the relevant public’s level of attention.

Customs Seizures and Border Measures

French customs authorities (Douanes) play an active role in combating trademark counterfeiting. Regulation 608/2013 (EU Customs Enforcement Regulation) provides the framework for customs intervention, and French customs have extensive powers of detention, seizure, and destruction of suspected counterfeits. Rights holders may file a national application for customs action (AADC) with the Direction Générale des Douanes et Droits Indirects, valid for one year and renewable.

French customs seized approximately 9 million counterfeit items in 2023, including clothing, accessories, pharmaceuticals, and electronics. The simplified destruction procedure (Article 26 of Regulation 608/2013) enables customs to destroy small consignments of suspected counterfeits without a formal court order. For commercial consignments, customs notify the rights holder and initiate proceedings leading to seizure and destruction under court supervision.

Well-Known Marks and International Protection

Article L. 713-1 CPI protects well-known marks (marques notoires) as defined by Article 6bis of the Paris Convention. A mark that is well known in France may be protected against infringement even if not registered, provided the infringer’s use creates a likelihood of confusion. The Cour de cassation in Com. 14 November 2018, No. 17-18.643 confirmed that the protection of well-known marks extends to dissimilar goods or services where the use of the sign would take unfair advantage of or damage the mark’s reputation.

The INPI and the EUIPO (European Union Intellectual Property Office) interact through the EU trademark system. An EU trademark registration automatically extends to France and may be enforced through the EUIPO’s cancellation and opposition procedures. The INPI and EUIPO have established a cooperation agreement to facilitate information sharing and coordinated examination practices.

Geographical Indications and Appellations d’Origine

Geographical indications (indications géographiques — IGs) and protected designations of origin (appellations d’origine — AOPs/AOCs) are governed by the Code rural et de la pêche maritime and the Code de la consommation. The Institut National de l’Origine et de la Qualité (INAO) manages the recognition and protection of appellations and geographical indications for agricultural products, wines, and spirits.

The French system of Appellation d’Origine Contrôlée (AOC) is the oldest formal system for protecting geographical origin, dating from laws of 1919 and 1935. AOC products must meet strict production standards and originate from a defined geographical area. The EU system of Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI) coexists with national AOC protection; in the case of conflict, EU rules apply. The Loi EGALIM (Law No. 2018-938 of 30 October 2018) reinforced criminal penalties for misuse of geographical indications and extended protection to non-agricultural products (Article L. 721-2 CPI).