Brands and inventions can be protected in France through the INPI (national titles), the EUIPO (EU trade marks) or the EPO, with European patent disputes increasingly decided by the Unified Patent Court, whose Central Division seat is in Paris. A French trademark is renewed every ten years without limit; a French patent lasts up to 20 years if annual fees are paid. Copyright needs no registration, but rights created by staff and contractors must be assigned in writing.
Choosing the filing route for brands
A national French trademark is filed with the INPI and renewed every ten years, indefinitely, in the year before expiry or within a six-month grace period at extra cost. An EU trade mark from the EUIPO covers France and every other member state through one application, but it is all-or-nothing: an earlier right in one state can defeat it everywhere. Businesses that depend on France often hold both. International registrations under the Madrid Protocol, which France has applied since 1997, can designate France.
The holder of an earlier right can oppose a French application within two months of its publication in the BOPI. Monitoring publications is the cheapest way to stop a conflicting mark.123456
Patents and the Unified Patent Court
A French patent lasts up to 20 years from filing if annual fees are paid by the end of each anniversary month. Filing at the INPI gives 12 months' priority to extend abroad, through the EPO, a unitary patent covering the 18 participating states or a PCT application; France has been a PCT state since 1978 and a Paris Convention state since 1884.
The Unified Patent Court has operated since 1 June 2023 for eighteen EU states. Paris hosts the seat of its Central Division and a local division. A single action can decide infringement or revocation for many countries at once. Holders of classic European patents can opt out, and withdraw the opt-out unless a national action has been brought.78910111213
Copyright, ownership and enforcement
Copyright arises on creation with no formality. Ownership is the trap: an employment contract does not transfer an employee's author's rights, except economic rights in software written in the course of duties. Any assignment must be written, list the rights exhaustively and define the scope of use, so employee and contractor agreements need specific clauses under French law.
Right holders can file an application for action with French customs so that suspected counterfeits are stopped, either at the EU external border under Regulation (EU) 608/2013 or inside France under the Intellectual Property Code. Customs acts only once such an application is on file.141516
| Right | Office | Territory | Duration |
|---|---|---|---|
| French trademark | INPI | France | Renewed every 10 years, indefinitely |
| EU trade mark | EUIPO | All EU member states (all-or-nothing) | 10 years from the basic fee |
| French patent | INPI | France | Up to 20 years from filing, subject to annual fees |
| European patent / unitary patent | EPO; litigation at the UPC | Designated states / 18 participating states | Not confirmed in this edition |
| Copyright | No registration | France | Arises on creation |
How it works, step by step
- Search the French and EU registers for earlier marks before adopting a brand14INPI; EUIPO
- File the national or EU application and monitor the two-month opposition window after publication6INPI; EUIPO
- Diary trademark renewals and patent annuities to avoid late fees and lapse37INPI
- Decide whether to keep European patents in the UPC system or opt out13Unified Patent Court
- File an application for action with customs for key brands16DGDDI (French customs)
No timings or fees are shown unless an official source states them.
Documents usually needed
- Clearance search report for the brand
- Trademark registration certificates (INPI and/or EUIPO) and renewal records
- Patent filings and annuity payment records
- Written assignments of author's rights in employment and contractor agreements
- Customs application for action
- IP licence agreements with French counterparties
Common mistakes
- Relying only on an EU trade mark that can be defeated by one earlier national right.
- Missing the two-month opposition window against a conflicting French application.
- Assuming work created by employees or contractors belongs to the company without a written assignment.
- Letting patent annuities or trademark renewals lapse beyond the six-month grace period.
- Ignoring the UPC when assessing exposure to patent claims covering France and other participating states.
When the business crosses borders
- Madrid Protocol and PCT applications can extend existing foreign filings to France.
- A single UPC decision can affect patent rights in France and other participating EU states at once.
- EU trade marks are unitary: one ruling can affect protection across the EU, including France.
- A customs application under Regulation (EU) 608/2013 lets right holders act against counterfeits entering the EU through France.
Questions businesses ask
Do we need a French trademark if we already have an EU trade mark?
Not legally, as the EU mark covers France. Many businesses still file nationally as a fallback because an EU mark is all-or-nothing.42
How long does a French trademark last?
It must be renewed every ten years and can be renewed indefinitely. Renewal is done in the year before expiry, or within six months after with a 50% late fee.23
Does the company own what its employees create?
Not automatically. Except for software written in the course of duties, author's rights stay with the employee unless assigned in a written contract that lists the rights and their scope.15
What this guide does not yet confirm
These points need checking with a qualified local professional in France before you rely on them.
- INPI administrative invalidity and revocation actions for trademarks (reported as available since 1 April 2020) could not be confirmed on an official page.
- INPI filing fees for trademarks and patents were not confirmed (renewal and opposition fees are stated).
- Duration and renewal of EU trade marks and the term of European and unitary patents were not confirmed on the pages opened.
- The length and status of the UPC transitional period for opt-outs was not confirmed.
- Customs application validity, cost and detention periods, and the French infringement seizure procedure (saisie-contrefaçon), were not covered.
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
The INPI is the French office with which trademarks, patents and designs are filed for protection in France. National titles. EU trade marks and designs are filed with the EUIPO; European patents with the EPO.
A French trademark must be renewed every ten years to remain valid and can be renewed indefinitely. National marks registered with the INPI. Renewal window and fees in fr-ip-g01.
A French trademark is renewed in the year before the registration expires, or within a further six months on payment of a 50% late fee; the INPI renewal fee is EUR 290 for one class plus EUR 40 for each additional class. National marks registered with the INPI.
An EU trade mark obtained from the EUIPO through one application gives uniform protection throughout the EU, including France, on an all-or-nothing basis; the basic filing fee is EUR 850 for 10 years' protection for one mark. Renewal was not stated on the page opened. National French marks are an alternative or complement.
France has applied the Madrid Protocol on the international registration of marks since 7 November 1997. International registrations under the Madrid System can designate France.
The holder of an earlier right can oppose a French trademark application within two months of publication of the application in the Bulletin officiel de la propriété industrielle (BOPI); the INPI opposition fee is EUR 400 for one earlier right plus EUR 150 for each additional right. Earlier rights can include a French or EU trade mark, a well-known mark, a trade name, a domain name or a company name, under conditions.
The earlier statement that the INPI has decided administrative invalidity and revocation actions since 1 April 2020 could not be confirmed on a page opened and has been removed from this claim.
A French patent can remain in force for a maximum of 20 years from the filing date, provided annual fees (annuités) are paid by the last day of the anniversary month of filing. Late payment is possible within a further six months with a 50% surcharge; after that the patent lapses, subject to possible restoration.
Supplementary protection certificates for medicines and plant protection products were not covered by this page.
A French patent filing at the INPI gives a 12-month priority right to extend protection abroad, through a European patent application at the EPO, a European patent with unitary effect covering the 18 states that have ratified the unitary patent agreement, or a PCT international application covering more than 150 countries. European patents are maintained by paying fees to each national office after grant; unitary patents and classic European patents can be litigated before the Unified Patent Court.
France has been bound by the Patent Cooperation Treaty (PCT) since 25 February 1978. The PCT has 159 contracting states.
France has been party to the Paris Convention for the Protection of Industrial Property since 7 July 1884. Madrid Protocol and PCT status are in fr-ip-g05 and fr-ip-g06.
The Agreement on a Unified Patent Court entered into force on 1 June 2023, and the Court is common to eighteen EU member states. France is a participating state.
Paris hosts the seat of the Unified Patent Court's Central Division and a UPC local division. The Central Division has sections in Munich and Milan. Start date and participating states in fr-ip-g03.
Holders of and applicants for classic European patents, and holders of related supplementary protection certificates, can opt out of the Unified Patent Court's jurisdiction, and an opt-out can be withdrawn at any time unless an action has been brought before a national court. The length and status of the transitional period were not stated on this page.
An original work is protected by copyright in France from its creation, even before it is completed, without any formality. Evidence of the creation date is a practical matter, not a condition of protection.
An assignment of author's rights must be in writing and must list the rights assigned exhaustively and define the scope of use; an employment contract does not by itself transfer author's rights to the employer, except that economic rights in software created by an employee in the course of duties pass automatically to the employer. Only economic (patrimonial) rights can be assigned. The contract should state the works, rights, media, territory, duration and price.
French customs act against suspected counterfeits only after the right holder has filed an application for action (demande d'intervention), which can be filed preventively on a national basis under the Intellectual Property Code or on an EU basis under Regulation (EU) 608/2013 for external-border controls. The national application covers goods already in France and cleared; the EU application covers goods at the external border. The two are complementary. Validity, cost and detention periods were not stated on the page.
Questions on this topic
16 statements on trademarks, patents, copyright and enforcement in France
