4 steps to register your trademark with the INPI
You have a name to protect, but you're not sure how to go about it. You can use an industrial property attorney, who will be able to advise you and take care of all the formalities for you. Otherwise, you can also file alone with the INPI. In this case, here are 4 steps not to be neglected.
Step 1: Define your business sector
First, you need to define the scope of your project. More specifically, you will need to determine which classes of goods and services will be covered by your trademark. This step is very important because it will determine the scope of your search, but also the scope of the protection obtained once the trademark is registered.
A basic deposit at the INPI costs 210 € and allows to designate 3 classes. For each additional class, there is an extra charge of 42€. This should allow you to plan a rather large deposit, in order to anticipate your future development.
To learn more about the INPI classification system, read our article in the guide.
Step 2: check that your brand is available
Before you register your trademark, you must make sure that it is available. The INPI offers a search engineThis ensures that there are no identical trademarks in the classes you are interested in.
However, further research is strongly recommended. Indeed, most disputes come from similar (not identical) trademarks. A third party who has another anteriority (company name, website) could also oppose your application.
All the information about prior art searches can be found in our guide.
Step 3: register your trademark
Registering a trademark is a seemingly simple step. Registration can be done online, on the INPI website. Be careful however not to make a mistake when filling in the form. Some mistakes cannot be corrected afterwards.
It is necessary to choose the depositor (individual or company), fill in a valid postal address (to receive INPI mail), check that the form does not contain any errors, and pay the fees by credit card. If the form contains erroneous information, the INPI will ask you to clarify them. In the worst case, the registration of the trademark will be rejected and the fees will not be refunded.
Step 4: wait for the recording (and hope that everything goes well)
Shortly after the filing of your trademark, the INPI will proceed with the publication of your trademark. A period of 2 months then begins, during which third parties can oppose your trademark (if it is too close to theirs). It is recommended to address these concerns to prevent the INPI from ruling in favor of the opponent. To know your chances of success, and to respond appropriately, it is strongly recommended to seek professional advice...used to these procedures.
During this period, the INPI may also inform you of material problems affecting your deposit and ask you to correct them.
Finally, once your trademark is registered, you will receive many letters from organizations with an official appearance, asking for payment of invoices. Beware, this is probably a scam. Learn how to identify these letters and how to avoid answering them..
Conclusion:
If you follow these 4 steps to the letter, you should obtain the registration of your trademark. However, be careful: not everything is as easy as it seems. A poorly registered trademark will not protect your use. Choosing to be accompanied by a trademark professional is an option to consider. All the more so as this support can be perfectly accessible financially..