The French trademark law has been overturned! (part 1 - the fees)
Does the "Brands Package" mean anything to you? Beyond its rather unflattering name, it is a major reform of trademark law that comes to us from a European regulation adopted in 2017, finally (!) transposed into French law by ordinance, and its implementation decree all expenses from December 9, 2019.
"They are annoying us, these lawyers, with their technical details", you will no doubt say... But this reform is not a detail, since it greatly upsets trademark law procedures as we know them. Above all, and most importantly, it changes the trademark feeand adds a few other new tariffs that directly impact applicants. It is on this first subject that we are talking about in this post, which will soon be followed by a second one on procedural changes.
The new pricing for trademark registrations
These new fees affect trademark registration as such, but also certain procedural fees.
No more "three classes for the price of one".
Until now, the filing fee was €210 for 1 to 3 classes, and €42 for each additional class. It was therefore not uncommon for applicants to choose 3 classes, without really needing them, since they had that sweet aura of free that you often find at the top of the gondola at the supermarket: "one bought, 2 free! ».
The problem with this system is that these filings cluttered up the registries and constituted potentially enforceable prior art even though their holders had no intention of exploiting them for one or more classes.
The INPI has therefore followed the solution already adopted for several years in Europe: a class tariff. The new fees for filing a trademark are therefore as follows: €190 for the first class, and €40 per additional class. We should therefore see many more "monoclass" filings, which will streamline the registers and greatly simplify, over time, the background checks.
The new procedural fees
The other changes mainly concern the opposition procedure (which makes it possible to prevent the registration of a trademark that is too close to yours) and renewal.
Fees for opposition proceedings
The cost of the opposition proceedings increases from €325 to €400, for a single prior right invoked. An additional fee of €150 is charged for each additional right invoked. The procedure has indeed undergone a radical change, which we explain below.
Brand renewal rates
Here again, the INPI adopts a "monoclass" system. The cost of the renewal will now be 290 € for 1 class (compared to 250 € previously for 1 to 3 classes), and 40 € per additional class.
The stated aim is to encourage applicants to spontaneously limit the scope of their trademark when it is not used for certain classes. Indeed, let us imagine a trademark to be renewed in 3 classes. Under the old system, renewal would have cost €250. Under the new rules, renewal in 3 classes will cost €370. This is a major difference which raises the question of the extent of the renewal.
It will also be all the more important to renew your trademark before it expires, because after that, you will always have a 6-month grace period which implies the payment of a surcharge corresponding to 50% of the normal fee. As the normal fee has increased, we strongly advise you to keep a close eye on your expiration period!
Note that you will now be able to renew your brand up to 1 year before it expires, compared to 6 months so far. To make sure you do not miss the deadline, you can entrust your application to your loyal customer. industrial property attorney !