Trademark Attorney in Paris

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 tackle each legal stage methodically, avoid costly mistakes, and strengthen sustainably your company’s identity in its market.

Why Engage a Trademark Attorney in Paris?

Effectively Protecting Your Trademark

Every company wishing to stand out must valorize its identity. The trademark constitutes this differentiating factor. It can take the form of a name, logo, slogan, or packaging. However, to acquire genuine legal value, it must be registered and rigorously defended.

In Paris, trademarks are highly exposed. Numerous companies operate in the same sectors, target the same clientele, and share similar communication channels. Without solid protection, the risk of confusion or imitation increases. A trademark attorney in Paris then plays a key role by building robust protection from the project’s inception.

Upstream, this professional analyzes the trademark’s legal validity. They verify that it does not infringe existing rights, then formulate recommendations to strengthen its distinctiveness. They also define the appropriate filing strategy, considering development objectives, targeted geographic zones, and marketing positioning.

Under French law, trademark protection is governed by Articles L.711-1 through L.717-7 of the French Intellectual Property Code. A trademark must be distinctive, not descriptive, and not infringe prior rights to be validly registered with INPI (Institut National de la Propriété Industrielle).

Preventing Intellectual Property Disputes

In most cases, trademark disputes arise from an initial lack of vigilance. A poorly filed trademark, a name too close to a competitor’s, unregulated usage – these errors can have far-reaching consequences, both financially and for the company’s image.

This is when a trademark attorney’s expertise in Paris comes into play. Through mastery of national and European law, they secure strategic decisions. They identify risky signs, advise on withdrawal or modification options, and prepare the company to face potential oppositions.

This preventive work avoids unnecessary contentious proceedings. It reduces opposition timelines and also protects the investments made in trademark communication.

European Union trademark law is harmonized through EU Directive 2015/2436 and EU Regulation 2017/1001. These instruments establish common standards for trademark registration, protection, and enforcement across all EU member states, while allowing businesses to obtain EU-wide protection through a single application to the EUIPO (European Union Intellectual Property Office).

Defending Your Rights Against Infringement

A trademark can be threatened at any time: logo copying, similar names, fraudulent use on social networks, diversion on a competitor’s site – forms of infringement vary. In Paris, where a company’s visibility can quickly attract parasitic attempts, defending rights becomes essential.

Recourse to a trademark attorney in Paris enables immediate response. They initiate appropriate procedures, whether cease-and-desist letters, opposition to a disputed filing, or judicial action. They can also organize seizure-counterfeit proceedings to collect evidence.

Moreover, this defense sometimes involves a communication strategy. The attorney can then advise on the public positioning to adopt, ensuring image preservation while asserting rights.

Under Article L.716-1 of the French Intellectual Property Code, trademark infringement can result in civil and criminal sanctions. Civil remedies include injunctions, damages, and publication of judgments. Criminal penalties can include fines and imprisonment in cases of intentional counterfeiting.

The Attorney’s Role at Each Stage of Trademark Law

Audit and Trademark Protection Strategy

A trademark attorney in Paris’s first mission consists of establishing a diagnosis. This involves analyzing the contemplated trademark, its capacity to be protected, and its legal and commercial relevance. This audit covers both formal aspects (distinctiveness, descriptive character) and contextual ones (market, prior rights, competitive practices).

Based on this audit, the attorney proposes a protection strategy. They guide on relevant filing classes according to the Nice Classification and determine which elements to protect together or separately. They may also recommend international filings, particularly with EUIPO or WIPO.

This strategic work prevents protection gaps and ensures coverage aligned with commercial ambitions.

The Nice Classification, established by the Nice Agreement (1957) and administered by WIPO, is an international classification system organizing goods and services into 45 classes (Classes 1-34 for goods, Classes 35-45 for services). This system, currently in its 12th edition (effective January 1, 2023), is used by over 150 trademark offices worldwide to classify trademark applications. Proper class selection is critical as it defines the scope of trademark protection.

Filing and Registration with INPI

Filing a trademark is not a simple administrative formality. The filing act legally binds the company for ten years. It is therefore essential to execute it with precision.

A trademark attorney in Paris assists in choosing exact terms to use in the description. They ensure not to unnecessarily restrict the trademark’s scope while avoiding overly vague formulations. They also handle online filing on INPI’s platform, verify the file’s regularity, and anticipate potential oppositions.

In case of opposition proceedings, they intervene to defend the filed trademark. They draft arguments, present evidence, and negotiate a coexistence agreement if necessary.

The French trademark registration process with INPI (Institut National de la Propriété Industrielle) typically takes 4-6 months. After filing, INPI conducts a formal examination to verify compliance with legal requirements. The application is then published in the Official Bulletin of Industrial Property (BOPI), opening a two-month opposition period. If no opposition is filed or if oppositions are resolved favorably, the trademark is registered and protected for 10 years, renewable indefinitely.

Monitoring and Trademark Portfolio Management

Once registered, the trademark becomes an asset to monitor. Indeed, competitors may attempt to file a similar sign or illegally use a protected element. Surveillance enables detecting these attempts and responding promptly.

A trademark attorney in Paris implements a monitoring system on official databases. They quickly inform the trademark owner in case of potential conflict. They also handle renewal procedures (every ten years), data modifications, and transfer or license operations.

This continuous management ensures the trademark’s legal stability and allows fully leveraging it in a commercial strategy.

Professional trademark watch services monitor new trademark applications filed with INPI, EUIPO, and WIPO to identify potential conflicts with existing trademarks. These services typically use automated search tools combined with expert analysis to detect identical or confusingly similar trademarks in relevant classes and jurisdictions. Early detection through watch services enables trademark owners to file timely oppositions, typically within 2 months of publication for French trademarks or 3 months for EU trademarks.

Litigation and Judicial Proceedings

When rights infringements are established, recourse to litigation becomes inevitable. In Paris, trademark disputes fall under the judicial court’s intellectual property division. This court requires rigorous argumentation and solid evidence.

A trademark attorney in Paris gathers necessary elements: bailiff’s report, screenshots, testimony, fame study. They draft summons and plead the case in defense or demand. They can also request conservatory measures or prohibition under penalty.

Litigation is sometimes avoidable through negotiation. The attorney then proposes amicable solutions, such as signing a settlement protocol or stopping usage under conditions.

The Paris Judicial Court (Tribunal judiciaire de Paris) has exclusive jurisdiction over trademark infringement cases in France under Article L.716-5 of the Intellectual Property Code. The court’s specialized intellectual property chamber handles both civil and criminal trademark matters. Proceedings may include preliminary injunctions (référé), main proceedings on the merits, and appeals. The court can order counterfeit seizure (saisie-contrefaçon) under Article L.716-7, allowing bailiffs to collect evidence of infringement before trial.

Trademark Law Specificities in the Parisian Context

High Concentration of Economic and Creative Actors

Paris concentrates a dense entrepreneurial fabric. Between technology startups, fashion brands, design agencies, and cultural enterprises, trademark creation is ongoing. This dynamic fuels strong competition and thus increase risk of conflicts.

A trademark attorney in Paris confronts great case diversity. This exposure allows adopting an approach adapted to each sector. They master practices specific to creative, digital, or industrial domains.

According to INPI statistics, over 95,000 trademark applications were filed in France in 2024, with the Île-de-France region (which includes Paris) accounting for approximately 40% of all filings. This concentration reflects Paris’s role as France’s economic and creative hub, particularly in sectors such as fashion, luxury goods, technology, and professional services where trademark protection is critical.

Increased Competition and Brand Image Stakes

In the French capital, a trademark’s image often forms part of competitive advantage. Visual and semantic differentiation plays a key role. Therefore, any infringement can impact reputation, visibility, and profitability.

The specialized attorney then intervenes as a strategic partner. They advise on correct trademark element usage, partnership or communication conditions, and how to publicly respond in crisis situations.

Legal and Judicial Environment in Paris

Parisian specificity also lies in its legal centrality. The Paris Judicial Court alone has jurisdiction over trademark litigation matters. Paris also enjoys proximity to INPI, European institutions, and numerous intellectual property law actors.

A trademark attorney in Paris thus benefits from privileged access to these institutions. They know magistrates’ practices, processing timelines, and local jurisprudential developments. This optimizes litigation strategies and strengthens trademark defense.

Beyond French national protection through INPI, businesses can obtain broader protection through: (1) EU Trademarks (EUTM) via EUIPO, providing unified protection across all 27 EU member states with a single application; (2) International registration under the Madrid Protocol administered by WIPO, allowing trademark protection in up to 130 countries through a single application; (3) National filings in specific countries of commercial interest. The choice of strategy depends on business expansion plans, budget considerations, and competitive landscape analysis.

Why Choose DE BAECQUE BELLEC Law Firm?

Specialized Expertise in Intellectual Property

As trademark attorneys in Paris, our firm has intervened for many years in the protection, valorization, and defense of distinctive signs. This specialization allows us to rigorously support each stage of a trademark’s lifecycle: filing, legal audit, opposition, litigation.

We mobilize comprehensive expertise in French and European law. This enables us to anticipate regulatory developments, follow jurisprudential trends, and adapt our advice to each company’s realities. This commitment reinforces the legal security of trademarks we support, regardless of their business sector.

Our firm handles all aspects of trademark law including: trademark clearance and availability searches, filing strategy and prosecution, opposition and cancellation proceedings, licensing and assignment agreements, trademark portfolio audits and management, infringement litigation and enforcement, customs recordation for border enforcement, coexistence agreements and settlements, and domain name disputes. We represent clients across diverse industries including fashion, luxury goods, technology, media, food and beverage, and professional services.

Tailored and Responsive Approach

We believe effective support primarily rests on fine understanding of our clients’ needs. This is why each legal analysis is conducted carefully, according to the concerned sector, envisaged commercial strategy, and targeted geographic implementation.

Our role as trademark attorneys in Paris commits us to providing concrete solutions adapted to each situation. We remain available, responsive, and quickly mobilizable in emergencies: counterfeiting, opposition, usage conflict, or reputation infringement. Our priority: guarantee clear and operational responses.

Proximity Support in Paris

Our establishment in Paris’s heart facilitates direct exchanges with our clients and reinforces our understanding of local dynamics. This geographic proximity also enables great responsiveness in case processing and better knowledge of specialized jurisdictions and Parisian practices.

We master procedures before competent organizations such as INPI or EUIPO, whether for filings, oppositions, or renewals. This regular practice, supported by our presence in Paris, thus guarantees structured and effective support, adapted to constantly evolving legal framework requirements.

Key Aspects of French and European Trademark Law

Registration Requirements

Under French law, a valid trademark must meet several requirements:

• Distinctiveness: The sign must be able to distinguish goods or services from those of competitors
• Availability: The sign must not infringe prior rights or be contrary to public policy
• Representation: The sign must be capable of being represented in the trademark register clearly and precisely
• Non-descriptiveness: The sign must not be purely descriptive of the goods or services
  

Articles L.711-1 and L.711-2 of the French Intellectual Property Code establish these fundamental requirements, which are harmonized with European standards under Directive 2015/2436.

Scope of Protection

Trademark protection extends to:

• Identical signs: Absolute protection against identical signs for identical goods/services
• Similar signs: Protection against similar signs where likelihood of confusion exists
• Reputed marks: Extended protection for well-known trademarks against any use that would take unfair advantage or cause detriment
  

Article L.713-2 of the French Intellectual Property Code defines the scope of exclusive rights, implementing Article 10 of EU Directive 2015/2436.

Use Requirements and Revocation

French and European trademark law impose genuine use requirements. A trademark that has not been put to genuine use for an uninterrupted period of five years is subject to revocation on the grounds of non-use.

Genuine use means actual commercial use in the relevant territory for the goods and services for which it is registered. Token use or use solely to maintain registration is insufficient.

Article L.714-5 of the French Intellectual Property Code establishes revocation for non-use, implementing Article 19 of EU Directive 2015/2436 and Article 58 of EU Regulation 2017/1001.

International Protection Framework

Several international treaties facilitate trademark protection across borders:

• Paris Convention: Provides priority rights – filing in one member country gives 6 months to file in other member countries with the same priority date
• Madrid Protocol: Enables international trademark registration through WIPO, designating multiple countries with a single application
• Nice Agreement: Establishes the international classification of goods and services for trademark registration

Contact Our Firm To Ensure The Long Term Protection Of Your Trademark

Trademark law is not merely an administrative filing. It constitutes a strategic lever to protect image, investments, and company growth. In a Parisian context where media and competitive exposure is particularly strong, legal anticipation becomes essential.

As trademark attorneys in Paris, DE BAECQUE BELLEC law firm mobilizes comprehensive expertise to support its clients, from strategy definition to rights defense. This global approach enables risk prevention, intangible asset security, and full valorization of companies’ commercial identity.

Are you developing a project, encountering a dispute, or wishing to audit your trademark portfolio? Our firm is at your disposal for an initial exchange. Contact us to study your needs and build together a solid legal protection adapted to your objectives.

Stéphane Bellec, Attorney, Partner Cabinet De Baecque Bellec

Intellectual property attorney

sbellec@debaecque-avocats.com

Tél. + 33 (0) 1 53 29 90 00