Estados Unidos de América

Francia

Marcas de fábrica o de comercio

1. Please explain whether France provides for the acceptance of applications to register a trademark based on an intent to use the mark consistent with TRIPS Article 15.3. Please explain the requirements and conditions that are placed on parties wishing to register and maintain applications of a mark based on an intent to use the mark.

The TRIPS Agreement does not impose the obligation of actual use of a mark as a condition for filing an application for registration. In France, the filing of an application for registration (Article L 713-1 of the Intellectual Property Code) does not have to be preceded by use and is not conditional upon intent to use.