2019: Trademark registrations in constant increase
In its annual report for the year 2019The INPI indicates that trademark registrations are still in vogue. The trend is confirmed at the European level. The European Trademark Office (EUIPO) reported that it has received an increasing number of European trademark applications (+5.2% compared to 2018).
But while INPI figures show a drop in French design applications, the same cannot be said for European applications. With 96,851 direct applications in 2019, the EUIPO notes an increase of 3.5% compared to 2018.
European deposits still popular in 2019
2019 was a very busy year for EUIPO. In reaching the 2 million European trademark applicationsthe service proudly celebrated its 25th anniversary.th birthday. European designs are not to be outdone. The EUIPO publishes some very respectable figures in its annual report :
EUIPO also reports that it has reduced the time limits for publication and registration of European trademarks. For example, it is possible to obtain publication of a trademark in 4.3 working days under an accelerated procedure. As for registration, it is achieved in almost 4 months on average (from the filing of the application).
But with the increase in deposits comes an increase in litigation. The number of oppositions filed against European filings increased by nearly 2% compared to 2018.
With 18,864 oppositions in 2019 (and 2,095 applications for cancellation of trademarks), the risk of receiving an action against its European trademark application can be estimated at approximately 10%.
Finally, it should be noted that of the 130 460 direct applications, only 126 492 were published. This makes almost 4,000 unpublished trademark applications. These include, in particular, non-distinctive trademarks, which were rejected in full by EUIPO.
Registering your trademark at the INPI in 2019: a must?
In 2018, France had reached an all-time record in the number of trademark applications (with 95,419 applications). In 2019, the record was surpassed with 99,054 applications.
Since 2016, the number of French applications has been steadily increasing and it is tempting to think that the 100,000 threshold will be reached in 2020.
However, the number of applications is likely to decline this year. Indeed, the last few months have been quite unusual. On the one hand, there was the reform of the "Loi Pacte" in December 2019, which modified the INPI's fees and procedures. On the other hand, the Covid-19 pandemic has strongly impacted the work of the various intellectual property offices (notably through increased delays) and disrupted the global economy. Many applicants have chosen to put their trademark application on standby, in anticipation of better visibility.
Paradoxically, the "Covid-19" and "Coronavirus" trademark registrations have not been marked by this drop!
It will be necessary to wait until 2021 to know the real impact of the pandemic on trademark registrations. In the meantime, in 2019, French growth has not affected other industrial property titles.
2019: French patents and designs continue to decline
If 2019 is the year of success for trademarks, the same cannot be said for other industrial property titles. The INPI thus reports a continued decline in patent and design registrations.
The trend observed in 2018 is confirmed. There has been a fairly significant drop in the number of French patent applications. Contrary to last year, the Office can no longer speak of "stable patent filings". It would seem that the aid offered to small and medium-sized enterprises and non-profit research organisations is not sufficient. Indeed, for some years now, INPI offers a reduction of 50% on patent litigation fees, with the hope of restarting filings.
However, this decrease is offset by an increase in European and international demand. Thus, in 2018, theThe European Patent Office had noted an increase in patent applications.. At that time, French companies were occupying the 2th place of the applicants.
France: a very active country in intellectual property
EUIPO reports that France is one of the top 10 countries for trademark applications. but also of European designs. In 2019, it occupies respectively the 6th and 5th place in the ranking.
It is tempting to think that France owes its place in the rankings to big business. With more than 4,000 European trademarks (applications and registrations combined), L'Oréal is at the top of the list of French companies with TPMs. For the EUIPO, it is the 2nd largest European company in terms of the number of European trademarks registered.th depositing company, after LG Electronics.
When you look at the statistics, you can see that France is also very active in defending its rights. EUIPO reports that since 2010, the number of oppositions filed by French holders has increased by 45.2 %. The French are thus responsible for 7.2% of the oppositions filed with the EUIPO. The same applies to cancellation actions.
If you also wish to register your trademark (or your design), please do not hesitate to ask for assistance. As you may have noticed, there are many disputes. To avoid receiving an opposition to your trademark application, there is nothing like a similarity search to make sure that the land is available! Therefore, whether in France or abroad, our team is at your disposal to advise you on the opportunity to file a trademark application and to accompany you in this process.