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Saint Martin Trademark Registration 

Note that, in order to obtain protection in Saint Martin, you must register your trademark in France; there is no local trademark for Saint Martin.

 
Attorneys - France
 
Welcome:

My name is Olivier Jeannet and I'm the representative Attorney in France.

I'll be personally in charge of your trademark registration process.
 
Contact Us
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A trademark attorney will process your trademark registration in Saint Martin through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 4 months, if no objections or oppositions arise.

     

  • If I register my trademark in France, do I have protection in other territories?

    The territorial limits of a registered mark in France are: Metropolitan France, Martinique, Corsica, Guadeloupe, Saint-Barthelemy, French part of Saint-Martin, Reunion, French Guyana, French Polynesia, New Caledonia, French Antarctic Territories, Wallis and Futuna, and Mayotte and Saint-Pierre et Miquelon. The protection of mark does not extend to French Polynesia.

  • Do I need to sign a Power of Attorney?

    No power of attorney is required.

  • Are there any benefits from a pre-filing use of the trademark?

    There is no benefit from pre-filing use of the trademark. However, famous trademarks are protected in this jurisdiction even if these are not registered. To prove that your mark is famous will be extremely difficult.

  • Will there be problems in case I don’t use my trademark after registration?

    Registered marks that are not being used by owners are vulnerable to cancellation when interested parties take their appeal in courts.

  • What are the types of trademark that can be registered in France?

    Any sign that can be graphically reproduced and can set apart the good/service from its counterparts can be registered: 

    • Names
    • Words
    • 3-dimensional shapes
    • Devices
    • Slogans
    • Colours
    • Trade dress
    • Sounds
    • Holograms
  • What are the phases of application after a trademark has been filed in France?

    The order of the trademark application procedure in France is as follows: 

    1. Examination – In this phase, the application will be examined if the applicant complied with all of the requirements. Compliance with regards to formality, descriptiveness, classification, distinctiveness and deceptiveness will be checked.
    2. Publication – The particulars of the application will be made available to the public especially to third-parties that are interested to oppose. Publication of details will be on print and online.
    3. Registration – After the prosecution and oppositions have been settled, registration will finally be issued.
  • What type of trademark is not registrable?

    The following signs are prohibited from being registered: 

    • Marks that go against public order and principles of moral
    • Common terms that have broad meaning
    • Marks that do not display distinct characteristics
    • Marks that function primarily as names of a geographic location
    • Marks that use protected flags/names/symbols of international organization, states and nations
  • Does France use the "Nice Classification" system?

    Yes. Nice Classification system is being used in France.

  • Does the Community Trademark apply for France?

    Yes. France is a member of the European Union Trade Mark. Hence, Community Trademark registration system is effective in this jurisdiction.

  • Is there any possibility to claim priority in France?

    Yes. It is possible to claim the filing date in your home country as the filing date in France provided that you meet the following pre-requisites: 

    • Your home country is a member of the Paris Convention or World Trade Organization
    • The filing date in your home country is within 6 months from your application date in France
  • What do I need to do to satisfy the use requirement?

    You have to use your trademark within 5 years of last use, meaning there should be no 5-year gap between each use. You must use it for commercial or selling purposes and the transaction must occur in the jurisdiction of France.

  • Once my trademark has been registered, for how many years will be valid?

    A trademark’s validity of term is effective for 10 years which is computed from the date the application was filed.

  • What will be the renewal date of my trademark?

    Renewal date is computed 10 years from the date of filing the application.

  • Is it legal to use my trademark even if it is not yet registered?

    Yes. You may legally use your trademark even if it’s not registered yet.


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