The Directive of December 16, 2015, on trademark law introduced administrative procedures for the revocation and cancellation of trademarks before the INPI (French National Institute of Industrial Property). The Ordinance of February 12, 2020, subsequently introduced new Article L.411-4 into the French Intellectual Property Code. This article entered into force…

Filing a trademark in the United States has several specificities, particularly regarding the importance of use. From filing to registration procedures, from evidence of use to renewal, this provide a comprehensive overview of trademark protection in the United States. Filing a Trademark in the USA Key principles A prior art…

Many companies develop their business activities through trademark licenses, which constitute crucial intangible assets that enable market presence and generate revenue. When a company experiences financial difficulties, the fate of these licensing contracts becomes a critical concern for all parties involved. This article provides a comprehensive overview of the maintenance…

Innovation always gives rise new legal questions. Remember the first domain name transfers twenty years ago ! Now, one of the frequent questions concerns social networks. What is the legal nature of a social media account? How can the transfer of social media accounts be achieved? Below are some answers…

If you wish to use your trademark abroad, it is essential to establish a strategy to ensure that it is both effectively protected and impactful in the local market. After studying the target markets, it is necessary to consider whether using the same sign in all countries is appropriate. Would…

In France, trademark transfers are frequently contemplated. Trademark assignment in China follows different rules. All identical or similar trademarks covering identical or similar goods must be assigned together! Below is the detailed explanation. Understanding Trademark assignment in China Trademark assignment in China can result from an agreement between trademark owners,…

Fraudsters often demonstrate remarkable creativity in their schemes. For many years, trademark holders have been receiving correspondence soliciting payment of fictitious fees. Some letters closely resemble those issued by official organizations, creating confusion and leading to inadvertent payments. While courts sometimes hand down convictions for fraud, providing the necessary evidence…

The right to toponym, also referred to as the ‘tenement privilege,’ grants vineyard estate owners the ability to use the name of the location where their vines are cultivated for their wine operations or to register it as a trademark for their wine. This right is derived from French intellectual…

If you consider that the filing of a French trademark (or an international trademark designating France) infringes your rights, it is essential to file an opposition to its registration. Similarly, if you receive a notification of opposition to your trademark, it is necessary to develop a response strategy based on…

Registering a trademark in China remains a complex undertaking for most Western companies. Toachieve this, it is necessary to change one’s paradigm and begin thinking like the Chinese Trademark Office. This Office has made significant progress, but certain substantive and formal requirements must still be strictly complied with. Bellow are…

Defining a targeted trademark strategy is essential for companies seeking to expand internationally. This is particularly crucial for businesses aiming to penetrate local markets in China, Russia, Japan, or India. In certain territories, Latin characters are not read or are poorly understood by a large portion of consumers, making transliteration…

In the United States, trademarks benefit from protection once they are registered on the Principal Register. However, a second register exists: the Supplemental Register. This additional register offers an alternative for brands refused for lack of distinctiveness. Below is an overviewof this dual registration system. Key differences between the principal…

The rules regarding judicial receivership and liquidation concerning the transfer of trademark contracts are identical to those relating to the sale of business assets. Thus, the sale of business assets does not automatically transfer contracts concluded by the company. The purpose of transfering of contracts is to ensure the continuation…

In Paris, where innovation, competition, and visibility converge, the legal protection of a trademark represents far more than a mere formality. It determines a company’s recognition, reputation, and sometimes even its sustainability. This is why engaging a trademark attorney in Paris becomes a strategic decision. This approach allows you to…

A comprehensive trademark strategy relies on several key points, particularly the extent of international protection. Filing numerous trademark applications also necessitates implementing a trademark watch system. This process is essential for adopting systematic defense measures and thus ensuring maximum protection of your intellectual property rights. What is Trademark watch? Trademark…

The modernization of the Soleau Envelope in April 2024 deserves the attention of artists and authors. It provides a straightforward mean establishing a certain date for a creation that is eligible for copyright protection. Although not mandatory, the Soleau Envelope is a frequently used and effective meansof evidence in court…

Protecting a trademark is not optional but essential. It represents the company’s identity and constitutes a strategic lever for differentiation. In Paris, the density of economic activity and competition between companies further reinforce this requirement. In this context, the intervention of a trademark registration attorney in Paris proves essential to…

Disputes between trade names and trademarks reflect the complexity of trademark law and its implications for business operations. The Paris Court of Appeal examined the case of two Parisian hotels in a decision dated December 6, 2024, concluding that the continuous, peaceful, and public use of a trade name can…

The African Regional Intellectual Property Organization (ARIPO) is an intergovernmental organization established on December 9, 1976, following the signature of the Lusaka Agreement in Zambia. ARIPO currently comprises 22 African member states and is headquartered in Harare, Zimbabwe. Its primary objective is to facilitate cooperation among member states in intellectual…

Domain name protection is at the heart of a successful intellectual property strategy. This involves registering domain names for new trademarks, monitoring them, and taking action against the misappropriation of similar names. Domain name regulations are evolving both in France (Afnic) and internationally (ICANN). Under the impetus of the GDPR…

Selecting the appropriate classes and drafting precise specifications are the cornerstones of successful trademark registration. Certain formulations in the Nice Classification are a great concern to many businesses. A particularly common inquiry concerns the necessity of protecting Class 35 for the retail sale of products. This comprehensive guide clarifies these…

Opposition to trademark registration in France must be filed within two months of publication of the trademark application, as established by Article L712-4 of the French Intellectual Property Code. Opposition in the wine sector A trademark application for ALEXANDRINE CHEVIGNY ROUSSEAU was published at the French National Institute of Industrial…

Protecting a trademark internationally is essential in today’s globalized marketplace. To obtain extended trademark protection, several options are available: country-by-country filing, registration of a European Union trademark or other regional groupings, or filing an international trademark. Filing an international trademark involves a single application form, but protection or refusal occurs…

In today’s competitive and fast-paced marketplace, your brand is one of your most valuable assets. A distinctive trademark not only sets your business apart but also protects your reputation and customer trust. Our international trademark law firm provides comprehensive legal services to secure, monitor, and defend your trademarks worldwide. Whether…

A geographical indication (GI) is protected without requiring that the raw materials come from the geographical area. The protection is based on specific know-how and a reputation for quality. The Bordeaux Court of Appeals follows the line of the Court of Cassation on geographical indications. In the GI LINGE BASQUE,…

Trademark coexistence agreement: conditions of validity The Paris Court of Appeal has ruled on the respect of a coexistence agreement between trademarks. Such an agreement has the value of a transaction within the meaning of article 2044 of the Civil Code, even if it is formalized by a simple exchange…

The OAPI to protect trademarks in Africa Trademark law is governed by the principle of territoriality: one country, one trademark right. The more companies orient their commercial activities internationally, the greater the need for protection. In addition to mechanisms such as the Madrid system of international trademarks (WIPO), there are…

Renowned figurative trademark: the Rolling Stones’ emblem assimilated to the rock band The logo in the shape of a red mouth sticking out its tongue of the group Rolling Stones is examined by the judicial court of Paris. In a decision dated February 25, 2021, the court accepts that this…

The similarity of products of different classes in trademark law The classification of trademarks has an administrative scope and serves to organize the filing of the trademark. The Court of Appeal of Aix-en-Provence recalled that clothing (class 25) could be considered similar to perfumes and cosmetics (class 3). The similarity…

Similarity of signs in trademark law: the SOHO case The European Court of Justice has considered the distinctive character of the term SOHO. Can this name given to a district of London and New York constitute a valid trademark for alcoholic beverages? Does it necessarily indicate the origin of the…

Conditions of protection for a PDO: clarification from the CJEU The CJEU (Court of Justice of the European Union) issued an important decision on the conditions for protection of a PDO (protected designation of origin) on September 9, 2021. The Spanish Supreme Court had referred 4 questions to the CJEU…

Infringement action against an influencer Influencers have become more professional since their beginnings. Influencer and advertising agencies have enacted codes of conduct to reassure brands and ensure transparency. However, there are still litigious situations. In the United States, a company took action for trademark infringement against a competitor but also…

A new Russian law forces French exporters to sell their products under the Cyrillic inscription “sparkling wine”. For more than 20 years now, France has been fighting for the defense of the Champagne appellation in countries that still refuse to recognize it: Russia, the United States, Haiti. Summer 2021, Russia…

One trademark, one use, several classes of products? The Nice Classification is used to organize the filing of a trademark for various goods and services. As a matter of principle, a single product is assigned to a single class. As an exception, only some products can belong to several classes.…

The protection of protected designation of origine (PDO is often a source of complexity at the international level. The example of Gruyère cheese illustrates these difficulties perfectly. The French (defending the PGI Gruyère) and Swiss (defending the PDO Gruyère) unions are confronted with American protectionism. The intertwining of trademark law and…

The Leaders League / Décideurs rating agency establishes the ranking of the best experts in 50 countries. For 20 years, this site has distinguished the best intellectual property law firms in France. In 2021, De Baecque Bellec is one of the best law firms in art law and trademark law.…

The following contains a selection of recent judicial decisions regarding the consignment of art works which are of practical importance to participants in the French art market. It should be noted that, under Civil law, the consignment of a work is precisely regulated by the Civil Code as a “Contrat…

French courts have become more restrictive on granting copyright protection. This is the case for photographs of works of arts and zinc plates used to produce lithographs. As a consequence, these works can be freely used or sold on the art market. 1. Lack of protection for photographs that are faithful…

The Paris High Court has ordered Internet search engines including Google, Microsoft and Yahoo to remove links to 16 video streaming sites from their search results. The decision brings an end to a two-year court battle launched by the Association des Producteurs de Cinema, which represents 120 film production companies, the film…

Law Firm Website – Legal Notices   Website publisher The DEBAECQUE-AVOCATS.COM website is published by the firm DE BAECQUE BELLEC, doing business as an association of attorneys and having its registered office at 3 rue du Louvre, 75001 Paris, tel. 01 53 29 90 00, fax 01 53 29 90…

The French cultural and communications ministry was urged on Monday to scrap Hadopi, the government agency responsible for a three-strike anti-piracy system. Businessman Pierre Lescure, who has led a consultation on updating French cultural policy since last year, recommended transferring Hadopi’s powers to the Higher Audiovisual Council (CSA), France’s broadcasting…

WorldIPReview.com, 5 février 2013 Google has created a €60 million ‘digital publishing innovation’ fund for French newspapers, ending a six-month dispute over the use of their copyrighted material online. The fund is part of a deal Google’s chairman Eric Schmidt and French president François Hollande signed on Friday. The deal…

de Baecque Law Firm regularly counsels its clients in all legal issues related to trademarks. The firm’s specificity is to have a department dedicated solely to the filing of trademarks and domain names in France and abroad. Hence, the firm provides its clients with a single interlocutor for management of…

de Baecque Law Firm has developed expertise in fashion, luxury products and design for manufactures, publishers and creators. Protection of rights and creations: constitution of “creation books”, monitoring of the filing of tradedress and trademarks. Exploitation of rights: Drafting and negotiation of contracts for assignment of copyrights between creators and…

de Baecque Law Firm counsels radio and audiovisual broadcasters with respect to the CSA regulations (i.e. the public authority controlling broadcasting rights). Advertising regulations, production and broadcast quotas, prohibition measures, protection of minors, “must carry”, etc. de Baecque Law Firm also counsels international radio, audiovisual broadcasters and network operators in…

de Baecque Law Firm regularly counsels on-line traders, content publishers, advertising agencies and search engines in all legal matters relating to new technologies. Personal Data protection, content regulation, on-line commerce. Internet site compliance including the protection of personal data, the use of promotional links, cookies, and banners; domain name registration…

de Baecque Law Firm participates in all stages of advertising campaigns, for advertising agencies, producers, media, advertisement departments (online and on traditional medias), web agencies and advertisers. The firm has developed particular skills in audiovisual and online advertising. Negotiation and drafting of contracts for assignments of rights of actors, ancillary…

de Baecque Law Firm is one of the rare French law firms that regularly practices art law. The firm has extensive knowledge of the French art markets. The firm offers practical and concrete legal advice to art galleries, antique dealers, experts, auction companies, artists, individuals and institutions such as insurers,…

Dalloz n° 40, 17 novembre 2011, p. 2749 et ss.