What is a registered trademark?

A trademark is a trademark that has been registered with official public bodies. Thanks to this deposit, it is protected against counterfeiting or of non-compliant use of the brand in the eyes of the creator. In France, the structure which deals with the registration of trademark applications is the National Institute of Industrial Property (INPI).

When we refer to a registered trademark, the creator here reserves the full power of the exclusive owner of this brand and the absolute monopoly as well as the permanent exploitation of the brand are in its hands.

In order to be registered, a trademark must meet certain conditions. The hallmark of the brand must be significantly different of that of its competitors, it must not disturb public order or be contrary to good morals. The sign of a brand that wants to be registered must not seek to imitate another brand and must not mislead consumers. But before we start, here's how Investing in real estate step by step.

Advantages of a registered trademark

A brand is a symbol, a unique word to represent the services and products of a company. When it is registered with an official public body, it is called a registered trademark. The advantage it has is that after its registration, it is protected against any use that does not conform to the various wishes of its creator.

Once registered, the same set of symbols and words could not be used by a different company, and this, for eternity. The moment it remains in use, it becomes the top priority of its creator. He ensures that the taxes are paid on time and that the protection is renewed at the right time. Companies must apply in France to the INPI. After their registrations, they must receive a confirmation of ownership. After the brand is fully registered, it benefits from the protection against plagiarism and counterfeiting.

How to verify the existence of a registered trademark?

The process to be used to check if a mark already exists is different depending on a word mark or a figurative mark.

✔️For a word mark

When the trademark that has been registered is a name, a single word, letters or a slogan, it refers to a word mark. In this case, the verification procedure is very simple. You will simply have to go to the INPI website and search for the slogan or brand name in the integrated site. If you have a result, you will know that the brand has already been registered.

The major advantage here is that this database saves both international brands and European brands. So if after your research you realize that the mark already exists, it says that you should only use it with the agreement of its creator.

✔️ For a figurative or specific mark

For marks which are figurative, that is to say represented by figures such as a logo or a drawing, the procedure gets a little complicated. You will need to use the search tool set up by the INPI which is inspired by the Vienna classification. We are referring here to a list of codes which represents various figurative elements (plants, animals, objects, etc.) which can be represented in any trademark.

Among the identical figures, you will then have to look for the brand among the different brands offered with the same figure. This process is not completely safe, because a trademark can sometimes be represented by figures that are very difficult to identify. Other trademarks are also multidimensional (sound mark, color mark and multimedia mark), which makes the research work even more difficult. At this point, if you do not find a trademark, this does not guarantee that the trademark does not exist or that it has not yet been registered. If you happen to be faced with this situation, we advise you to call on a professional to help you in your research.

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Why and when should you check if a trademark is already registered?

For an entrepreneur, checking the past of a brand is useful for several reasons.

✔️ If you have in mind to register a trademark

Before you start with a trademark, you will need to check if it already exists before you want to use it. This becomes even more important if you want to register your trademark. Either way, registering a trademark protects its creator against the use:

From a brand that appears to be identical,
Of a truly identical brand,
Or a brand that is similar.

From another point of view, the fact that a mark is not registered does not prove its availability.

In view of article L.711-3 of the intellectual property code, the search for past events must take into account all the signs that can be considered as a prior right. If a company already uses a company name, a domain name or a trade name to launch its products or its activity on the French market, wanting to register this trademark is a risky initiative.

✔️ After you have received notification of cessation of use of a sign or logo

If one day you receive a letter of formal notice following an infringement of a registered trademark, or an e-mail from a person claiming ownership of a registered trademark, then you must in any event ask if you are using a mark that has already been registered.

In each case, the ideal solution is for you to search for the anteriority of the brand. The result of your search will tell you the action you should take whether to continue using it or stop the process.

Why should you register a trademark?

If you register your trademark, you will have several advantages, in short, it is very important to register a trademark.

✔️ To benefit from an exclusive exploitation

When you register a trademark, it guarantees the owner a monopoly on its use. So, you become the owner of an industrial property title that can be valued in money. As an example, if you have a watch brand known as " Loose », you will be the only person who will be able to register this name on watches. Anyone who uses it without respecting your will will be prohibited from using it.

✔️ To distinguish your brands from those of competitors

When you register a trademark, it gives you several advantages, as far as your business relationships are concerned. Thanks to the registration, you can create a unique and strong identity for your brand. This identity must be attached to all your activities and services, which will distinguish them more easily from the competition and will be easily recognizable by all your customers.

This is a dream opportunity if you want to enhance your assets and also the added value you give compared to your competitors. And if in the future you decide to sell your business, your brand will have a consistent weight in the balance.

✔️ To have a long operating life of its brand

Once you file a trademark with the INPI, it can remain your exclusive property forever you will only have to apply for renewal each year, this gives you the opportunity to enjoy your trademark and its benefits in a sustainable way.

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How to register your trademark at the INPI?

If you want to register your trademark, you must first do two very important things:

Research the prior art of the trademark to check if you are filing this trademark.
Choose a brand class.

Let's take an example, Finance de Demain is a registered trademark on class 32, this class includes:

The advertisement,
The sharing of publicity materials such as flyers, leaflets, etc.
Online advertising in computer networks,
communication advice,
Announcement transmission,
Reducing traffic to websites,
etc.

If your trademark is now available, you will need to follow 4 steps to register your trademark:

Fill in the form and submit the deposit request to the INPI,
Wait for him to issue you the official bulletin of your intellectual property (BOPI). You will have a delay of 6 months to receive the notice of publication, thus giving the others two months to take charge of the registration of the mark.
Will your filing request be examined by the INPI?
If there is no opposition, the trademark will be registered and you will receive a trademark registration certificate within 5 months.

Our article was about registered trademarks. It turns out that you need to register your trademark, because it will allow you to secure it and make it unique compared to those of your competitors. We encourage you to follow our advice if you are planning to register your trademark with INPI.

Frequently Asked Questions

✔️What is the cost of filing a trademark?

To file your trademark with the INPI, you will have to pay the sum of £190. And there it is the initial cost and for each renewal an additional £40 will be added.

✔️ Is a trademark eternal once registered?

It is quite possible. For this, you will have to renew your deposit every 10 years so that it is always and always secure.

✔️What can be registered as a trademark?

We distinguish between verbal marks and figurative marks which are defined according to the distinctiveness of your brand. We have finished and hope that you have found satisfaction. Leave us your opinions in the comments which will allow us to improve.