The field of industrial property has many complementary aspects. Industrial property and intellectual property complement each other in a company’s strategy. While trademark registration may seem more accessible, patent registration is now much easier, thanks to a wealth of online resources. For a company, the challenges of counterfeiting have many faces. The advent of online services with accredited experts makes patent filing a democratized procedure for the greatest number.
Protecting your identity: Registering a trademark
Your brand name and the graphic elements of your identity are characteristics that are unique to you. It’s largely thanks to them that your customers and partners recognize you. The mere mention of your brand name or slogan quickly evokes much more.
Even if the formality of registering a trademark seems very easy, especially online on the INPI website, we advise you to have prior art searches carried out and to define the trademark to be registered and the classes with a professional. Industrial property law is complex, and the sooner you have expert advice, the sooner you’ll be able to make the right decisions. Did you know that trademark registration, like patenting, is also part of industrial property?
There are many legal subtleties that mean that even a trademark issued by the INPI may not be valid if you’re not familiar with them. Did you know, for example, that including the word “Paris” in your trademark can, in certain cases, oblige you to manufacture the product in Paris or France? That it’s forbidden to use the French flag in a brand? And the first thing to do is to make sure you’re not yourself infringing an existing trademark!
Who: INPI, CPI marque
Validity period: 10 years, renewable
Penalties for fraudulent use of a trademark: €400,000 fine and 4 years’ imprisonment, up to €750,000 fine and 7 years’ imprisonment
| Symbol | Meaning | How to write it |
|---|---|---|
| © | Copyright, this symbol has no real legal value in France. | MacOS: cmd + c Windows: Alt + 0169 |
| ® | Registered, for trademarks registered with the national office, in France the INPI. | MacOS: cmd + r Windows: Alt + 0174 |
| ™ and ℠ | Trade-mark and Service-Mark, the trademark is claimed but has not been the subject of a validated registration. | MacOS: option + 2 Windows: Alt + 0153 |
Unfortunately there is no standard combination for writing ℠.
Use the character table, or simply write “SM” and select “superscript” in your formatting.
Protecting your inventions: filing a patent
Voluntarily within your R&D department, or as a result of other work, the birth of an invention that solves a technical problem can be both a goal and a surprise.
Eureka!
Application of a molecule in a household product, or a revolutionary new mechanical system? Your invention may well be patentable.
- Who : INPI , CPI brevet
- Validity period: 20 years, non-renewable
- Penalties for fraudulent use of a patented solution: €300,000 fine and 3 years’ imprisonment, and up to €500,000 fine and 5 years’ imprisonment if the infringement was committed by an organized gang.
Distinctive symbol: There is no specific symbol for a patent. However, be careful not to confuse “patent applied for” with “patent granted”. Issued patents are identified on products by the word “patent”.
A “filed patent” or “patent application” or “patent application” means that a file for the granting of a patent has been filed with INPI. This is the start of an administrative procedure in which the patent application will be examined for months or even years before being granted or rejected. So a patent application filed does not mean that the patent has already been granted, or that it necessarily will be at the end of the procedure!
Only about 1 in 2 patents is issued after examination.
Protect your designs with drawings and models
The term “design patent ” is highly evocative. Design patents protect works that fall under both copyright and design law.
The design of a smartphone, the specific curves of a designer chair… like a patent, a design patent is issued in the country where the application is made.
- Who : INPI, CPI
- Validity period: 5 years, extended by 5-year periods, up to a maximum of 25 years from the date of issue.
- Penalty for fraudulent use of a design: €300,000 fine and 3 years’ imprisonment
Combining protection
More often than not, it’s a good idea to combine different types of protection: a strong trademark to protect your identity, a patent to protect your technology, and a design patent to protect your design and aesthetic appearance. With this winning trio, it will be very difficult for a competitor to copy you and pass off their products as your own! And in the event of an infringement suit, the judge will have 3 times more evidence to convict your indelicate competitor!
To choose the best protection, consult an industrial property attorney. He or she is bound by professional secrecy, and is able to guide you towards the best strategies for your individual case. With YesMyPatent.com, you can also file your application in 3 clicks, with our team of specialized IP attorneys. An expert in your technical field will take charge of your file, draft your patent and initiate the administrative procedures.
Drafting and procedure with INPI-approved experts. ✔︎
