France

Trademark Premier League: Manchester United crowned 2019 champions, as Messi pulls ahead of Neymar

With today’s World Intellectual Property Day celebrating the importance of IP in sports, research conducted by WTR finds that Manchester United has the most significant trademark portfolio of any global football club. 

Trademark Premier League: Manchester United crowned 2019 champions, as Messi pulls ahead of Neymar
23 Apr 2019

Turkey trademark uplift, INPI announces Africa IP adviser, and China counterfeit crackdown: news digest

In our latest edition, we look at INTA and the National Trade Foundation for Education partnering up to spread the anti-counterfeiting message, a study highlights how brands need to showcase their authenticity, and much more.

18 Apr 2019

Notre Dame misinformation highlights brand protection challenge for media organisations

There have been numerous reports of fake media accounts spreading conspiracy theories around the Notre Dame Cathedral fire. Such activity around major events is a reminder of the significant challenge that IP practitioners face. 

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14 May 2019

Procedures and strategies for anti-counterfeiting: France

When the EU Customs Regulation does not apply, rights holders can rely on the national provisions of the French IP Code. The French Customs Code will also apply to Customs and criminal procedures. Read more

4 Apr 2019

Blow for Hyundai as Court of Appeal upholds opposition against KONA mark for automobiles

In a blow to the South Korean multinational automobile manufacturer, the French Court of Appeal has confirmed that there was a likelihood of confusion between Hyundai’s mark KONA for “automobiles” and the earlier mark KONA for “bicycles”. Read more

28 Feb 2019

An IP awareness revolution

In an exclusive article, the director general of the French National Institute of Industrial Property explains how the office has been creating cutting-edge industrial property awareness programmes across France – and why this is such a priority. Read more

25 Jan 2019

Litigation procedures and strategies: France

In France, arbitration is available for most trademark litigation. However, arbitration for the validity of a trademark remains uncertain as it may be considered a public policy matter, and there is no case law on this point. Read more

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Anti-counterfeiting

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12 Sep 2018

Trademark procedures and strategies: France

Any natural person or legal entity can apply for a French trademark before the French Institut National de la Propriété Industrielle (INPI). The application can be filed by the owner itself or its representative. Read more

24 May 2018

Role of property owners and governments in mitigating trade in counterfeits

While there are several initiatives in place to assist landlords in fighting counterfeiting, a great deal more can and must be done by landlords, governments, enforcement agencies and rights holders in transforming these efforts into a comprehensive and collective response to this massive problem. Read more

26 Apr 2018

Law on 2024 Paris Olympics enters into force - what you need to know

Law 2018-202 on the organisation of the 2024 Olympic and Paralympic Games, which will take place in Paris, has come into force. This update sums up the main points of interest with regard to intellectual property. Read more

11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

Brand management

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21 Jun 2018

Bitcoin, CNN and Elon Musk under attack: how scammers are stepping up their game

​​​​​​​An investigation from World Trademark Review has explored the evolving tactics of misleading and often malicious websites that pose as articles from well-known news outlets, with common trends including the use of cryptocurrency and Elon Musk to lure in users. Read more

Enforcement and litigation

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14 May 2019

Procedures and strategies for anti-counterfeiting: France

When the EU Customs Regulation does not apply, rights holders can rely on the national provisions of the French IP Code. The French Customs Code will also apply to Customs and criminal procedures. Read more

4 Apr 2019

Blow for Hyundai as Court of Appeal upholds opposition against KONA mark for automobiles

In a blow to the South Korean multinational automobile manufacturer, the French Court of Appeal has confirmed that there was a likelihood of confusion between Hyundai’s mark KONA for “automobiles” and the earlier mark KONA for “bicycles”. Read more

25 Jan 2019

Litigation procedures and strategies: France

In France, arbitration is available for most trademark litigation. However, arbitration for the validity of a trademark remains uncertain as it may be considered a public policy matter, and there is no case law on this point. Read more

24 Jan 2019

“Render onto Supreme the things that are Supreme’s”: notoriety of SUPREME benefits its owner

In Chapter 4 Corp d/b/a Supreme v Cheikh, the High Court of Nanterre in France has ruled in favour of US company Chapter 4, the owner of the well-known mark SUPREME for clothing. Read more

Goverment/policy

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17 Apr 2018

WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and  the war of words over plans for an IP markets watch list. Read more

21 Feb 2017

State Council rules on plain packaging for cigarettes under international, European and French trademark law

The French State Council has ruled on the validity of decrees and orders implementing Law 2016-41 on the Modernisation of the Health System, which implements the Tobacco Products Directive. Among other things, the State Council found that the decrees and orders at issue were in conformity with France’s international trademark commitments. Read more

3 Oct 2016

EU customs seizures skyrocketed in 2015; concerns raised that counterfeit issue being ‘massively underestimated’

The European Commission’s latest annual report into EU customs enforcement has found that the level of suspected counterfeit articles detained by authorities rose by 15% year-on-year, with the number of applications for action up by a startling 59% across the same time period. While the estimated value of the detailed articles totals nearly €650 million, one expert claims the report could be massively underestimating the scope of the problem. Read more

IP offices

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4 Dec 2018

Angola brand deadline looms, France and Peru sign IP action plan, and new Chile trademark guidelines: news round-up

In our latest round-up, we look at the United Kingdom’s IP minister seat being vacant once again, question marks over affiliate links on Instagram, puns being encouraged at the Philippines IP office, and much more. Read more

2 Oct 2018

“The INPI facilitates the life of companies” – exclusive interview with new director general of French IP office

Pascal Faure, the new director general of INPI, reveals his immediate priorities in the role, including the introduction of new measures that will “strengthen the examination of trademarks” in France. Read more

6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

19 Feb 2018

France’s burgeoning tech sector could overtake UK, but filings remain flat: exclusive data analysis

In this week’s country data report, World Trademark Review inspects the trademark landscape in France. We delve into the country’s filing trends and analyse how its leading brands have performed in recent years. Read more

Online

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16 Feb 2018

Why it is critical to provide sufficient evidence under ADR procedures for '.fr' domain names

In a decision under the Syreli alternative dispute resolution procedure, a college from AFNIC has denied the transfer of a domain name consisting of the name of the complainant under ‘.fr’ due to lack of evidence. Read more

24 Jan 2018

Paris Court of Appeal orders cancellation of FRANCE.COM marks and transfer of 'france.com' domain name

In France.com Inc v Traveland Resorts, the Paris Court of Appeal has ordered the cancellation of trademark registrations for FRANCE.COM, and ordered the transfer of the domain name ‘france.com’ to the French State. Read more

19 Apr 2017

Paris court decision shows that court proceedings against domain name holder may be useful tool to tackle identity theft

The Paris Court of First Instance has ordered the transfer of a domain name consisting of the name of a person whose identity had been misused, most likely fraudulently. The decision illustrates that court proceedings against a domain name holder may be a very useful tool to tackle identity theft – contrary to alternative dispute resolution mechanisms such as the UDRP, which often do not allow for the protection of personal names per se. Read more

10 Mar 2017

No requirement for domain name to be distinctive in unfair competition claims

The Supreme Court of the Judiciary has provided a very useful clarification in relation to unfair competition claims based on domain names. The court stressed that neither the distinctiveness nor the originality of a domain name was a requirement for an unfair competition claim to be admissible, but that they would simply be relevant when assessing the likelihood of confusion. Read more

Portfolio management

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21 Jun 2018

Bitcoin, CNN and Elon Musk under attack: how scammers are stepping up their game

​​​​​​​An investigation from World Trademark Review has explored the evolving tactics of misleading and often malicious websites that pose as articles from well-known news outlets, with common trends including the use of cryptocurrency and Elon Musk to lure in users. Read more

13 Mar 2018

Procedures and strategies for pharmaceutical brands: France

In order for a pharmaceutical trademark to be registered, no prior authorisation is needed per se. Unlike in other countries, in France the trademark owner is independent from the party exploiting the trademark and need not possess a particular quality. Read more

24 Jan 2018

Paris Court of Appeal orders cancellation of FRANCE.COM marks and transfer of 'france.com' domain name

In France.com Inc v Traveland Resorts, the Paris Court of Appeal has ordered the cancellation of trademark registrations for FRANCE.COM, and ordered the transfer of the domain name ‘france.com’ to the French State. Read more

11 Dec 2017

Protecting and enforcing design rights: France

Design protection in France may be claimed through a French design application, an international application designating France or the European Union or a direct Community design application filed with the EU Intellectual Property Office (EUIPO).  Read more

Trademark law

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7 Jan 2019

Protecting and enforcing design rights: France

Design protection in France may be claimed through a French design application, an international application designating France or the European Union or a direct Community design application filed with the EU Intellectual Property Office (EUIPO).  Read more

21 Sep 2018

UDRP misuse warning, non-traditional tips, and the danger from subtle copies: insights from MARQUES 2018

This week’s MARQUES Annual Conference in Paris draws to a close today. We present some of the key insights from the event, including insight into the standoff around WHOIS data access, the one Brexit-related question you need to be asking, and more. Read more

7 Sep 2018

The fall of the own-name defence

The ability to raise the own-name defence in Europe is about to come to an end. This article examines the consequences of recent own-name legislative changes for businesses in Europe. Read more

17 Aug 2018

A-Z guide of EU trademark court practice and performance: Finland to Hungary

In the second of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the last two years. Read more

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