Trademark attorney
Build and defend your brand.
Our firm INFLUXIO Attorneys based in Paris offers deep legal expertise in trademark law, including trademark filing, opposition, nullity proceedings, or claims. Feel free to request a quote from our specialized trademark attorneys at +33 1 89 70 38 78 for all trademark filing requests with INPI or EUIPO.
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Practical examples
Successful opposition against a similar trademark filing
A fashion brand discovered a competitor had filed a near-identical sign with EUIPO. An opposition was filed and rejection obtained for likelihood of confusion, protecting the client's identity.
Revocation action for non-use of a blocking trademark
An entrepreneur couldn't file their trademark due to an identical prior sign that was no longer used. A revocation action for non-use was initiated and the cancellation obtained, clearing the way.
Client reviews
What our clients say about us.
“Great responsiveness from all team members, with solutions found quickly and efficiently.”
Christ C.
“We entrusted INFLUXIO with a complex case. Their technical expertise, strategic vision and the quality of their legal briefs were decisive.”
Mia-Line C.
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What are the legal services of a trademark law attorney?
Trademark law protects distinctive signs registered with INPI, EUIPO or through WIPO's Madrid System, under Articles L.711-1 et seq. of the French IP Code. Our firm builds your filing strategy (Nice classes, prior-art searches), manages your trademark portfolios and defends your rights through opposition, infringement or nullity actions.
Drafting and negotiation of trademark contracts.
Our intellectual property and trademark law firm helps you draft and negotiate trademark license contracts with your partners, trademark assignment contracts, franchise contracts, and coexistence contracts, to protect your intellectual property rights. Our expertise also extends to fashion law, where trademarks are a central asset.
Prior art search and trademark filing.
We support our clients through the entire trademark filing process, from prior art searches to final registration at INPI, EUIPO, or through the Madrid System.
Defense of your rights in litigation.
In case of trademark litigation or counterfeiting, our experienced team represents you before competent courts with determination. We establish a solid defense strategy to achieve recognition of your trademark rights, cessation of violations, and compensation for damages.
Opposition management.
Our trademark law firm manages opposition proceedings before national offices and EUIPO, to defend your French or international trademark against any similar registration attempt. We also advise clients on domain name claims and protection.
Representation in litigation proceedings.
In trademark litigation, we assist you in proceedings, including counterfeiting actions, revocation, claims, or nullity. Our firm ensures respect of your rights in France and EU countries.
Immediate actions against infringements.
In case of detected trademark infringement, we take immediate measures to stop violations and protect your rights. We intervene in trademark counterfeiting, trademark claims, nullity actions before INPI and EUIPO, and revocation actions.
Trademark and domain name monitoring.
We provide ongoing monitoring of trademark registers and domain name databases to detect any infringement of your rights. In case of a competing filing, we initiate opposition proceedings or UDRP/SYRELI actions promptly.
Types of Trademarks and the EU Trademark Package.
Directive (EU) 2015/2436 of December 16, 2015 and Regulation (EU) 2015/2424, together forming the 'Trademark Package' (Paquet Marques), transposed into French law by Ordinance No. 2019-1169 of November 13, 2019 (supplemented by Decree No. 2019-1316 of December 9, 2019), profoundly modernized trademark law.
The reform removed the requirement for graphic representation, opening the way for non-traditional trademarks: sound marks (represented by an audio file), motion marks (animated sequences), hologram marks, position marks (placement of a sign on a product), and three-dimensional marks (shape of the product or its packaging).
The CJEU established the theory of dilution of reputed marks in the Intel ruling (CJEU, 27 November 2008, C-252/07), specifying that harm to a mark's reputation can exist even in the absence of a likelihood of confusion, provided that the use of the sign takes unfair advantage of, or is detrimental to, the distinctive character or repute of the mark.
The reform also replaced the former guarantee mark with the certification mark (Article L.715-1 of the French Intellectual Property Code), attesting to the compliance of products or services with standards defined in regulations of use.
These developments considerably expand protection possibilities for innovative businesses and creators, while strengthening the requirements for genuine use of the trademark to maintain its validity.
Trademark protection and enforcement strategy.
Beyond the initial filing, a trademark's value depends on rigorous monitoring and the holder's responsiveness to infringements. Our firm deploys a three-step strategy: protection (filing and extension), monitoring (INPI, EUIPO, international registers watch) and defense (opposition, nullity action, infringement).
Opposition to a filing.
Any holder of an earlier trademark may file an opposition against a later filing within 2 months of publication in the BOPI (IP Code L.712-4). At EUIPO, the deadline is 3 months following publication in the BMUE (Article 46 of Regulation 2017/1001).
The written and adversarial procedure leads to total or partial rejection of the disputed filing and constitutes the fastest and most economical means of defense.
Nullity action and INPI administrative procedure.
Since Order No. 2019-1169 transposing Directive 2015/2436, INPI has jurisdiction over nullity actions based on absolute grounds (distinctiveness, descriptiveness) and relative grounds (earlier trademarks), as well as revocation actions for non-use. The fully digital procedure lasts approximately 8 to 12 months and costs €600 per challenged trademark.
Decisions are subject to appeal before the Court of Appeal.
Trademark with reputation: extended protection.
A trademark enjoying a reputation benefits from protection beyond the specialty principle (IP Code L.713-3, Article 9(2)(c) of EU Regulation 2017/1001).
Its holder may oppose the use of an identical or similar sign for different products or services, provided that a link is established in the public's mind and that this use takes unfair advantage of the reputation or causes prejudice to it. Reputation is assessed in the light of market share, intensity and geographical scope of use.
How are bad-faith trademark filings sanctioned?
Bad-faith filings (squatting, defensive over-filing, parasitic registrations) are increasingly sanctioned by INPI, EUIPO and EU courts. Article 59(1)(b) EUTMR and Article L.711-2, 11° of the French IP Code allow invalidity actions without time limit.
The CJEU rulings Koton (C-104/18, 12 September 2019) and Sky v SkyKick (C-371/18, 29 January 2020) clarified that bad faith requires a dishonest intention assessed at the filing date, not necessarily deceptive use afterwards. Indicative criteria include awareness of the legitimate user, lack of genuine use intent, and the breadth of the specification.
INFLUXIO conducts pre-filing audits to avoid exposure and litigates invalidity or revocation actions when third parties hijack a brand.
Genuine use and revocation after five years.
Trademarks not put to genuine use in the EU within five years from registration are vulnerable to revocation actions (Article 58 EUTMR). Use must be public, outward-facing, and on the relevant goods or services. Token use does not suffice. Our firm structures use evidence (sales, advertising, contracts) and defends portfolios against revocation attacks.
Coexistence agreements and brand transactions.
When two brands target overlapping but separable markets, a coexistence agreement may secure both businesses while avoiding litigation. We negotiate these instruments with strict territorial, sectorial and visual delimitations, and integrate them in M&A due diligence and licensing portfolios alongside copyright and design considerations.
Trademark portfolio strategy and global enforcement.
Trademarks are the primary identifier of commercial origin and a major asset class: the most valuable global brands exceed $400 billion in valuation. French and EU trademark law has been harmonised since the EU 2015/2436 Directive (transposed by Ordinance of 13 November 2019) and Regulation EU 2017/1001 on the EU trademark.
Key reforms include the abolition of graphic representation requirement (sound, motion, hologram marks now possible), a stricter relative grounds examination, and reinforced opposition procedures.
Our firm files and defends trademarks before INPI, EUIPO (Alicante) and WIPO (Madrid Protocol, 115 contracting parties), and litigates infringement, unfair competition and parasitism actions.
Bad faith filings and UDRP / SYRELI procedures.
We act against bad faith trademark filings (Article L. 712-6 IPC, opposition or nullity actions) and cybersquatting through UDRP (ICANN, gTLDs) and SYRELI / PARL Expert (AFNIC, .fr ccTLD). Average resolution: 60-90 days, success rate above 85%.
Trademark valuation and brand audit.
We perform pre-acquisition brand audits, freedom-to-operate searches and trademark valuations using ISO 10668 methodology, supporting M&A transactions, licensing negotiations and IP-backed financing.
Useful glossary in trademark law.
- Nice Classification
- international classification in 45 classes of goods (1-34) and services (35-45) administered by WIPO, defining the scope of trademark protection.
- Revocation for non-use
- sanction for a trademark not put to genuine use within five years (Article L.714-5 CPI), declarable by INPI or the Judicial Court.
- Bad faith
- dishonest intention at filing date (CJEU Koton C-104/18; Sky C-371/18), an imprescriptible ground of invalidity to recover hijacked trademarks.
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FAQ
Frequently asked questions.
A trademark is a distinctive sign (word, logo, sound, shape) that identifies a company's goods or services. To be valid, it must be distinctive, lawful and available. A trademark confers on its owner an enforceable monopoly of use within the territory of protection.
Since the EU 'Trademark Package' (transposed into French law by Ordinance No. 2019-1169 of November 13, 2019), the graphic representation requirement has been removed. Eligible trademarks include: word marks, figurative marks, semi-figurative marks, sound marks, motion marks, holograms, position marks, three-dimensional marks and certification marks. Each type has specific validity requirements.
A revocation action allows any interested party to request the cancellation of a trademark that has not been genuinely used for an uninterrupted period of five years. This procedure can be brought before INPI (administrative procedure since the 2019 reform) or before the judicial court.
Counterfeiting requires infringement of a registered trademark right: reproduction, imitation or use of an identical or similar sign for identical or similar goods or services. Unfair competition, based on Article 1240 of the French Civil Code, sanctions wrongful conduct (confusion, disparagement, free-riding) even in the absence of a registered trademark.
A domain name is not in itself an intellectual property title. However, it may constitute an opposable prior right if it is significantly used. For full protection, trademark filing remains essential. We detail this distinction on our dedicated trademark filing page.
If your trademark is challenged (opposition, nullity or revocation action), it is crucial to consult a specialized attorney quickly. INPI examines distinctiveness and lawfulness but does not conduct an exhaustive review of prior rights. Holders of prior trademarks have a two-month period after publication to file an opposition.
A French or EU trademark is protected for 10 years from filing (IP Code L.712-1, Art. 52 of EU Regulation 2017/1001), renewable indefinitely in 10-year periods. The holder must however genuinely use the trademark within 5 years of registration, otherwise it may be revoked for non-use (IP Code L.714-5).
Filing at INPI costs €190 for one class (online), with €40 per additional class. At EUIPO, an EU trademark covering all 27 Member States costs €850 for one class (e-filing), €50 for the 2nd and €150 per additional class. A prior-art search is strongly recommended before filing to assess registrability.
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In short
INFLUXIO is a law firm specialized in trademark, based in Paris. INPI filing, EU trademark (EUIPO), international (WIPO), opposition, renewal, infringement actions, portfolio audit and strategy.
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