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Intellectual Property and Data4 min read

Protecting your trademark: INPI filing, classes and protection strategy

Everything to secure your trademark in France: legal criteria, online INPI filing, selecting Nice classes, timelines, costs, oppositions and EU expansion strategy.

In France, trademark protection exists only from registration. Filing early, in the right classes, with precise specifications is decisive in securing your asset and preventing infringement.

Why file your trademark now

  • An exclusive right over the specified goods/services, for renewable 10-year periods, throughout France (INPI).
  • A 100% online procedure through the INPI e-procedures portal (acknowledgement, tracking, secure payment). See also the Service-Public.fr guidance.
  • Deterrent and evidentiary value against competitors and platforms.
  • A basis for extension to the EU (European Union trademark) or internationally.

Requirements for a valid trademark in France

The French Intellectual Property Code (CPI) requires, in particular, that the sign be distinctive, lawful and represented clearly and precisely in the register so that the subject matter of protection can be determined (the graphical representation requirement has ended). Descriptive, generic, misleading signs or those contrary to public policy are refused. Reference: Legifrance — French Intellectual Property Code.

Beyond absolute grounds, your trademark must be available in relation to earlier rights (trademarks, company names, etc.).

The INPI procedure step by step

1) Clearance and distinctiveness checks

  • Search INPI trademark databases and extend to EU and international trademarks if targeting those markets. Supplement with checks on domain names and registered company names.
  • The aim: avoid costly refusal or opposition. The method is outlined by Service-Public.fr.

2) Strategic selection of Nice classes

You must select relevant classes from the 45 classes of the Nice Classification (goods and services) and draft precise specifications covering your activity now and over 3–5 years (INPI).

3) Online filing

  • Create/access your account on the INPI e-procedures portal, complete the form (owner, sign, classes/specifications), upload the image for a figurative mark, then pay.
  • Official fees: indicatively, €190 for 1 class + €40 per additional class (INPI — Trademark costs). Fee schedules change: always check the current rate.

4) Publication, examination and oppositions

  • Publication in the BOPI approximately 6 weeks after filing, followed by INPI examination of absolute grounds (INPI — Key stages).
  • Opposition: any earlier rights holder may oppose within 2 months of publication (grounds and procedures: CPI on Legifrance and INPI — Trademark filing).

5) Registration and duration

Without irregularities or opposition, registration occurs within a minimum period of approximately 5 months from filing (INPI — Key stages). Protection lasts 10 years, renewable indefinitely for periods of 10 years (Service-Public.fr).

Choosing classes and specifications well: 5 golden rules

  1. Start with your core offering: target goods/services actually offered within 12 months.
  2. Anticipate the product plan: add lines planned for 3–5 years to avoid an additional filing.
  3. Draft precisely: avoid overly generic specifications. Prefer “SaaS order-management software” to “software”.
  4. Combine intelligently goods/services classes (e.g. electronics + software + cloud services) according to your model.
  5. Prioritise a word mark for broad protection, then add a figurative version (logo) if needed.

Quick examples

  • D2C e-commerce: class 35 (online sales), + product classes (e.g. 25 for clothing), + 42 for a mobile app.
  • B2B SaaS: 42 (SaaS), 9 (downloadable software), 35 (management consulting if relevant).
  • Food industry: 29/30 (products), 35 (trade), 39 (logistics) if justified.

Extending protection: EU and international

  • European Union: a European Union trademark covers the 27 Member States (legal basis: EUR-Lex — Regulation (EU) 2017/1001). File with the competent EU office.
  • International: consider the Madrid System (using your basic mark) for multiple country designations. Anticipate local costs/timelines.
  • Priority: you have a priority period (generally 6 months) to extend to other territories while retaining the first filing date.

Monitoring, enforcement… and data compliance

  • Monitor new publications (France/EU), domain names and marketplaces to respond quickly.
  • Stop infringements: formal notice, opposition, infringement actions or INPI proceedings (administrative procedures). Legal basis: CPI on Legifrance.
  • Genuine use: a trademark unused for 5 years risks revocation. Preserve evidence of use.
  • GDPR: if you implement web monitoring or process data (e.g. IP addresses, seller contacts), comply with the CNIL/EDPB framework (CNIL, EDPB).

Indicative timeline and budget

  • Timeline: filing day, publication ~6 weeks, opposition 2 months, registration at the earliest ~5 months (INPI).
  • INPI fees: €190 (1 class) + €40 per additional class (check current schedules: INPI — Costs).
  • Professional fees: vary according to clearance searches, specification strategy and opposition management.

Need end-to-end support (searches, class strategy, filing, monitoring)? Explore AI and law resources. For more on your IP/GDPR issues, you can also read our articles on GDPR and intellectual property and consult our Explore blog resources.

Operational checklist

  • Validate distinctiveness and conduct a clearance search (INPI, EU if necessary, domains, companies).
  • Select Nice classes and draft precise specifications covering the present + roadmap.
  • File through the INPI e-procedures portal and retain the acknowledgement.
  • Track BOPI publication, the 2-month opposition period and respond if necessary.
  • Establish trademark/domain monitoring and archive evidence of use.

Further reading

Read our related guides: Protecting a startup's source code, Intellectual property and AI-generated content and Legal steps to create your startup.

Further reading

Related resources

Frequently asked questions

FAQ

How long does trademark protection last in France?

10 years from registration, renewable indefinitely for periods of 10 years, subject to payment of fees.

What is the opposition period after BOPI publication?

2 months from publication of the trademark application, for earlier rights holders.

How much does an INPI trademark filing cost?

Indicatively: €190 for one class and €40 per additional class (check current INPI fee schedules before filing).

Is graphical representation still required?

No. The trademark must be represented clearly and precisely in the register, in accordance with developments in the CPI.

References

Sources used

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