Trademarks Law in Guadeloupe (France)
Certainly! Here’s an overview of trademark law in Guadeloupe, which is an overseas region of France:
🇬🇵 Trademark Law in Guadeloupe (France)
📜 Governing Legislation:
Guadeloupe is an overseas department and region of France, so French law applies fully.
Trademark law in Guadeloupe is governed by French national law, primarily:
The French Intellectual Property Code (Code de la Propriété Intellectuelle)
Trademark registration and administration are handled by the Institut National de la Propriété Industrielle (INPI) — the French National Institute of Industrial Property.
🔖 What is a Trademark?
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others.
Includes words, logos, letters, numbers, shapes, colors, sounds, or combinations thereof.
📋 Trademark Registration:
Registration is necessary to gain exclusive rights.
Applications are filed with INPI (online or by mail).
Upon registration, the trademark is protected throughout France, including Guadeloupe and other overseas departments.
📝 Requirements for Registration:
Must be distinctive and not generic or descriptive.
Must not be confusingly similar or identical to existing trademarks.
Cannot be contrary to public order or morality.
⏳ Duration of Protection:
Trademark protection lasts for 10 years from the filing date.
Protection is renewable indefinitely for successive 10-year periods upon payment of renewal fees.
🛡️ Rights Conferred:
Exclusive right to use the trademark in Guadeloupe (and all of France).
Right to prevent unauthorized use, imitation, or confusingly similar marks.
Right to license or assign the trademark.
⚖️ Enforcement and Remedies:
Trademark infringement is handled through French civil courts.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
Criminal sanctions can apply in serious cases of counterfeiting.
🌍 International Treaties:
As part of France, Guadeloupe benefits from:
European Union Trademark (EUTM) — providing protection across the EU including France
Paris Convention
Madrid Protocol (international registration via WIPO)
TRIPS Agreement
Other WIPO treaties
📝 Summary Table:
| Aspect | Detail |
|---|---|
| Law | French Intellectual Property Code |
| Office | INPI (Institut National de la Propriété Industrielle) |
| Registration | Required for protection |
| Duration | 10 years, renewable |
| Rights | Exclusive use, enforcement, licensing |
| Enforcement | Civil and criminal remedies |
| International Treaties | Paris, Madrid Protocol, EU Trademark, TRIPS |
RELATED Blog
0 comments