A trademark is an exclusive legal right
A trademark is an exclusive legal right that allows the holder to protect names, logos, labels, or colors that are either directly attached to a product or are otherwise used to distinguish services and set products apart from competitors in the public eye.
The exclusive right of a trademark arises at the moment of application
The exclusive right of a trademark arises at the moment of application with the INPI, provided that the name, logo, or color are not already under exploitation by previous trademarks.
A trademark application with the INPI gives the holder exclusive rights and a monopoly
A trademark application with the INPI gives the holder exclusive rights to and a monopoly on its name, sign, logo, or color under the condition of regular exploitation either directly or indirectly (licensing) and risking a lapse within 5 years from the date of deposit if not consistently renewed for a period of 10 years, without limit.
A trademark allows the holder to prohibit its use by third parties
A trademark granted by the INPI allows its holder to prohibit third parties from using a similar or identical name, sign, logo, or color for similar or identical products or services (counterfeits). Action is then taken whenever there is a risk of public confusion about the origin of the product or service.
Trademarks devoid of distinctive characteristics
Trademarks devoid of distinctive characteristics according to the law are: signs or names which, in everyday or professional language, simply constitute the necessary, generic, or usual designation of the product or service, as well as signs or names that may be used to designate a common characteristic of the product or service, such as: the species, quality, quantity, destination, value, geographical origin, or time of production. Also considered devoid of distinctive characteristics are signs that consist exclusively of a form imposed by the nature or function of the product, or confers substantial value upon it.
Trademarks that cannot be granted
Trademarks that cannot be granted are those that violate public order or decency, or whose use is legally prohibited, such as to mislead the public, especially with regard to the nature, quality, or geographical origin of the product or service.
Numerous procedures exist for obtaining trademarks internationally
Numerous procedures exist for obtaining trademarks internationally with priority given to those applied for within 6 months of the application date in France. These procedures include: a national application in the foreign country, an international trademark application using a single application for a group of countries, with independent examinations in some countries, and a community trademark application using a single, merit-based procedure.