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Amendments to Trademark Laws

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Feb 04, 2014 (Newsletter Issue 2/14)
France
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Change of Opposition Procedure Awaited


Oppositions against French trademark applications can only be filed on the basis of one trademark application or registration (French TM, CTM, International Tm covering France) or on the basis of a well-known trademark.

This old system is to be changed very soon as far as it may be possible in the next few months to base an opposition on:

- The name of a territorial authority (such as the name of a town; Paris or Cannes for instance) on the basis of the rule L.711-4h of the French IP Law. The draft legislation (named “Hamon Law”) is expected to be signed in February 2014 and its implementing decree is awaited for April or May 2014.
- The name of an Appellation of Origin or a protected Geographical Indication (such as Champagne or Roquefort) on the basis of the rule L.711-4d of the French IP Law. An amendment from the Government has just been voted in January 2014 by the National Assembly.

The French TMO is also thinking about dematerializing this administrative procedure and setting up an “e-opposition” system, which should come into force within December 31, 2016.

Source: Inlex IP Expertise, France