Exciting Updates in French Trademark Law: What You Need to Know!

France has always been a trendsetter in protecting trademark rights, and now, it’s getting even better. The PACTE Act, which kicked in early 2020, brings a fresh set of tools to boost trademark protection and streamline legal procedures. Let’s break down the top five changes that make this law a game-changer for brand owners.

Gone are the days when only logos and names could be trademarks. Now, you can register:

• Sound Marks: Think of iconic jingles.
• Multimedia Marks: Combining images and sound.
• Motion Marks: Animated logos.
• Patterns: Distinctive designs used in branding.

This means more creative ways to protect your brand’s unique elements!

Filing opposition against a new trademark application just got simpler and more powerful. You can now include multiple claims in a single opposition and base your opposition on various prior rights, such as company names, domain names, trade names, and geographical indications. This makes it easier to protect your brand from multiple angles.

The French Intellectual Property Office now handles most trademark revocation and nullity proceedings, which used to be the job of French courts. This change speeds up the process and cuts down costs, making it quicker and cheaper to clear out trademarks that aren’t being used or don’t meet legal standards.

Pre-trial judges now handle all preliminary motions in trademark infringement cases. This means they can quickly address issues like ownership and revocation before the main trial, reducing the time spent in court. The result? Faster resolutions and less legal hassle for brand owners.

Protecting business secrets during infringement proceedings is now a top priority. French judges increasingly use powers granted by the Business Secrecy Act aligned with the EU Business Secrecy Directive (2016/243 to limit the disclosure of sensitive information. Confidentiality committees can be set up to keep documents and submissions under wraps, and confidential info is often removed from public court decision

These updates make French trademark law more powerful and efficient, providing brand owners with enhanced tools to protect their intellectual property. Whether you're looking to register new marks, oppose conflicting applications, or streamline legal proceedings, these developments offer significant advantages.

Don't hesitate to contact us for more detailed information and personalized advice on how these changes can benefit your trademark strategy!