The special case of French Polynesia
A 2004 law conferring a large autonomy to French Polynesia has resulted in the suppression of the effects of French trademarks on this territory. Faced with this legal void which was only filled very late, a Polynesian rule of 2013 decided to recognize the validity in Polynesia of trademarks registered at the INPI, under certain conditions, which differ according to the date of filing of the trademarks in question.
For already registered trademarks filed before January 31, 2014
Valid trademarks, outside the renewal period
There is a deadline expiring on 1 September 2023 to apply for recognition of its trademark in the Polynesian territory. In order to do so, it is necessary to fill in a specific form and send the request, together with the payment of the corresponding fee, to Tahiti's General Directorate of Economic Affairs.
Brands to renew
For marks that must be renewed before September 1, 2023, it is possible to apply for :
- the recognition of the title in Polynesia for the past through the above procedure.
- the extension of the effects of the trademark for the future through the renewal of the trademark, by paying the fee directly to the INPI. Be careful not to miss the tick! If the application for extension is not submitted with the renewal applicationThat is, before the Polynesian authorities took up the case, then it is inadmissible.
The two procedures are cumulative: the request for extension cannot take place without prior recognition of the effects of the trademark for the past.
For new deposits made since 1 February 2014 :
It is no longer a recognition of rights for the past, since it is a new filing, but an extension of protection. In order to obtain it, one simply has to pay an additional fee of €60 (July 2016), which will allow the effects of the trademark to be extended in Polynesia. This fee is optional, and is only justified if you plan to have an activity on this territory, or if it is of any interest to you.
If this fee has not been paid at the time of filing, there is no recognition procedure possible: a new application must then be made if protection is sought in that territory.