Estados Unidos de América

Francia

Marcas de fábrica o de comercio

7. Please explain whether Article 2 of Law No. 94-665 restricts the use of marks that do not utilize the French language. If restrictions on the use of non-French language marks are imposed, please explain how these restrictions are consistent with TRIPS Article 20, which provides that the use of a trademark shall not be unjustifiably encumbered by special requirements, such as use in a special form.

Article 2 of Law No. 94-665 of 4 August 1994 on the use of the French language provides that "wording and marking registered with the trademark" must be translated so as to be "as readable, audible and intelligible as the presentation in foreign languages". The circular issued to implement this Law specifies that only the wording and marking describing the goods or services concerned must be translated, even if registered within a trademark. On the other hand, there is no such obligation in the case of the trademark itself.