Registering changes

What is an inscription?

A registration is the registration with the INPI of an act or modification in connection with an industrial property right.

What you can enter

As far as trademarks are concerned, the INPI registers can be registered as follows:

• A limitation of wording (remove or specify goods or services, delete one or more classes)
• An administrative amendment concerning the holder: change of name, company name, address or legal form
• Trademark cancellation (voluntarily terminating a trademark before its expiry date)
• An assignment or license A rectification of a clerical error (simple error made during the filing, without consequence on the protection)

3 good reasons to register

Third Party Information

It is very important to inform third parties of any changes to the brand. Otherwise, even if a contract is concluded (for example, an assignment or a licence), these changes are not binding on them. In practice, if, for example, the buyer of a trademark uses it in such a way as to infringe the rights of a third party, it is the seller who can be sued if the assignment entry has not been made.

Ending a dispute quickly and amicably

Sometimes, following a trademark application, an applicant may be contacted by an earlier trademark owner who believes that the new application infringes his rights. It is sometimes possible to settle this type of dispute amicably by limiting the wording of the trademark. For example, specifying or deleting the disputed goods may allow the trademark to be registered without being challenged.

Other times, if the trademark is really too close to the earlier trademark, it must be cancelled before the INPI, as a simple declaration of abandonment by the owner often does not satisfy the opponent.

Information from INPI

Finally, some registrations are made for purely practical reasons. For example, if the holder changes address, it is preferable to inform the INPI, as the latter will send a renewal reminder to the last known address. However, if you do not watch the expiration date of your trademark, you run the risk of miss the renewal.

The registration procedure

Online procedure

The INPI now offers an online registration service. It is therefore no longer necessary to empty your printer cartridge and wear out your wrist because of the multiple copies of signed registration requests to be sent to the INPI. However, it is necessary to attach, as the case may be, supporting documents without which the application will not be validated.

Supporting documents to be provided

• For the limitation of wording or cancellation of the mark: no document
• For the license: a copy of the license agreement
• For the assignment: a copy of the assignment contract
• For the modification of the name, company name, address or legal form of the holder: no document
• For the rectification of a material error: a document proving the error

The cost of a registration

The price of a registration depends on when the application is made: prior to the registration of the trademark, registrations are free of charge. After registration, the price is 27€ (November 2016) per registered trademark.

Registrations of changes to the name, business name, address or legal form of the holder are always free of charge, regardless of when they are made, even after registration.

When will my registration be effective?

From the date appearing on the form that will be returned to you by the INPI, which will include the number and date of registration. However, it will take between 4 and 6 weeks before the registration is published and made known to third parties. Unless you choose the accelerated treatment, which allows you to obtain a number within a week, for a surcharge of 52 € (November 2016).

Need to be accompanied for your registration? Please contact us.