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It is also possible to bring an infringement action against an identical or substantial copy of the logo by another design or trademark, or to oppose a trademark application that would infringe the copyright of the logo.For more information: copyright protection. However, it is advisable to build up proof to be able to attest the date and ownership of the creation, using means of proof of anteriority, such as the certificate. This right is acquired automatically by the mere fact of the materialisation of a creation, there is no need to register. It is an exclusive intangible property right that is enforceable against all.Ī logo can be protected by copyright law since, provided it meets the condition of originality, it is fundamentally a graphic artwork. This protection is valid for 70 years after the death of the author. This law protects intellectual works, which covers a wide range of creations : books, drawings, music, films, software, etc. Protection is also limited in terms of territory, as it is only valid in the country where the trademark is registered: this is the principle of territoriality.Protection is limited to the classes of goods and services selected at the time of filing: this is the principle of speciality.A trademark is subject to an obligation of use, i.e., if the logo is not effectively used for 5 years, then any third party can request its revocation.Protection is not automatic a filing is required which involves the payment of fees and an examination by the INPI.The conditions for filing a trademark, notably distinctiveness and availability, can be difficult to meet.The trademark lasts as long as it is used and renewed.Trademark law protects against identical or similar copying by another trademark, via the possibility of opposing a trademark application or via an infringement action.It is easy to prove trademark rights through registration.There is no need to prove that a logo is original.There are some advantages to protecting your logo under trademark law: The protection is valid for 10 years and can be renewed indefinitely. It must meet the conditions of distinctiveness, availability, and lawfulness. To be protected as a trademark, the logo must be registered with the French National Institute of Intellectual Property (INPI). Trademark law grants a monopoly of use on the trademark for the goods and services designated by the applicant. It is known as a “figurative” or “semi-figurative” mark (i.e., a mixture of figurative and verbal elements). A logo may be protected by trademark law since it can be used to identify the origin of a company’s products and services. What means of protection are available to creators? Trademark law and copyright law, two branches of intellectual property law, should be considered.Ī trademark is a sign that distinguishes the products and services of a company from those of competitors. If well used, it can have a great economic value. It is at the centre of the marketing strategies and is found in most companies’ communication elements, as well as on their products. A logo often represents the company’s image.
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