3 tips for registering your "made in France" trademark

Made in France" has a special aura for many products, including luxury goods, clothing, food, wine... Many trademark applicants want to register a trademark that surfs this trend. For example, by playing with blue-white-red, by adding mentions such as "made in France" or "Paris", or by filing very descriptive expressions ("le Slip Français"). Be careful, certain rules must be respected in order to obtain the registration of your trademark in the best conditions.

Tip 1: Avoid descriptive marks

We repeat it regularly: beware of descriptive trademarks! We understand perfectly that it is commercially formidable to obtain the trademark "LE CHOCOLAT FRANÇAIS", but do not forget that a trademark is a distinctive sign which confers a monopoly of exploitation on a name to a single economic actor. It is therefore impossible to deprive other actors of the use of terms necessary to their activity. In this case, the expression LE CHOCOLAT FRANÇAIS cannot be registered and will be systematically refused by the INPI. The only way to get around a refusal by the INPI, if you want to register this type of trademark, is to add a logo. The logo itself must be distinctive, i.e. not directly related to the product in question. To take our example of the brand LE CHOCOLAT FRANÇAIS, the logo must not be a chocolate bar or a chocolate pod. To learn more about distinctiveness and descriptiveness, consult the article in our guide on this subject.

Tip 2: Use "made in France" with care!

Every year, we see hundreds (if not thousands) of brands containing the terms "France", or "Paris", "... French" or "made in France". This type of mention allows the consumer to be immediately informed about the origin of the product. Be careful though: the product must actually come from France! And this for two reasons. The first is to avoid misleading the consumer on the origin of the product. This type of practice is criminally sanctioned. The second one concerns the trademark registration: indeed, if your trademark includes the terms "France", or "Paris", "... French" or "made in France", the INPI will systematically ask you to add a mention at the end of the wording of each class of products. This mention will consist of "all these products being of French origin or manufactured in France". This means that the protection of your trademark is limited to products manufactured in France or of French origin. Ultimately, if your products do not come from France, it is better to remove the words linking your trademark to France, especially in the application. But if, for example, you have clothes made in Tunisia that you design in France, there is nothing to stop you from adding the words "French design" on your labels or in your communication. This is not misleading because the design was indeed made in France. It is the manufacturing that is exported. The important thing is to be precise.

Tip 3: Avoid flags!

Instead of indicating the word France, you might be tempted to refer to it more subtly through the French flag. Unfortunately for you, Article 6ter of the Paris Convention on Intellectual Property prohibits the registration of flags and emblems of States as trademarks. Thus, if your application includes a French flag, it will be systematically refused by the INPI. Here are examples of trademarks refused by the INPI (already descriptive, the flag does not provide the necessary distinctiveness, on the contrary): However, nothing prohibits playing with the blue-white-red colours, as long as they are not similar to the flag. Here are some examples of marks accepted by the INPI: Source logos : https://bases-marques.inpi.fr/ To register your trademark in complete security, do not hesitate to consult us! Photo Eugene Dorosh