November 26

Registering changes

What is an inscription?

A registration is a administrative case at the INPI, which allows you to make changes to your trademark after its publication.

What can I register?

It is possible to make registrations :

  • From limitation wording (remove or specify goods or services, delete classes)

  • From radiation trademark (remove the trademark from the registers before it expires)

  • From license (giving a third party the right to exploit the trademark),

  • From cession (selling his trademark to a third party)

  • From modification the name, business name, address or legal form of the holder

  • From hardware error correction (minor and easily correctable error)

As a reminder, it is impossible to make changes to the sign that makes up your brand (the chosen name or logo), as well as ofbroaden wording and thus the protection of the trademark. Therefore there is no registration possible for these operations. You have to register a new trademark.

Why register?

There could be several reasons:

  • The most important is the publication Any entry is published, and is thus brought to the third party knowledge. Thus, a trademark assignment, for example, is only binding on third parties if it has been published. Consequently, in the absence of registration, and even if there is a contract between the seller of the trademark and the buyer, if the buyer commits reprehensible acts with the trademark, the seller may be sued, because in the eyes of third parties, he is always the owner.

  • 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 out of court this type of litigation by proceeding to a wording limitation of the brand. Thus, the specification or deletion of the contested goods may enable the mark to be registered without being challenged. Other times, if the mark is really too close to the earlier mark, it is necessary to deregister it before the INPI, a simple declaration of abandonment on the part of the holder often does not satisfy the opponent.

  • Finally, some registrations are made for purely practical reasons. For example, if the holder changes address, it is preferable to make a new one. inform the INPI because the latter will send a renewal reminder to the last known address. But if you don't watch your trademark expiry, you risk missing the renewal.

How do I register?

The INPI now offers a web-based service of registration. It is therefore no longer necessary to empty your printer cartridge and wear out your wrist because of multiple copies of signed registration requests to be sent to the INPI.

However, the following must be included, as appropriate supporting documents without which the application will not be validated.

What supporting documents are required?

  • For the limitation of wording or cancellation of the mark : no documentation

  • For the license: one copy of the license agreement

  • For the transfer: one copy of the disposal agreement

  • For the modification of the name, company name, address or legal form of the holder : no documentation

  • For hardware error correction: a proof of error

How much does a registration cost?

It depends on when the request is made: prior to registration of the trademark, registrations are free of charge. After the registration, the price is 27€ 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 on the form which will be returned to you by the INPI, and which will include the number and date of registration.

However, it will take between 4 and 6 weeks before the registration is completed. publishedand made known to third parties.


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