French Intellectual Property Code
In forceThe following may not be validly registered and, if registered, may be declared invalid:
1° A sign which cannot constitute a trade mark within the meaning of Article L. 711-1;
2° A trade mark devoid of distinctive character;
3° A trade mark composed exclusively of elements or indications which may serve to designate, in trade, a characteristic of the goods or service, and in particular the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service ;
4° A trade mark composed exclusively of elements or indications which have become customary in the current language or in the bona fide and established practices of the trade;
5° A sign consisting exclusively of the shape or other characteristic of the product imposed by the very nature of that product, necessary to obtain a technical result or which confers on that product a substantial value;
6° A trade mark excluded from registration pursuant to Article 6 ter of the Paris Convention for the Protection of Industrial Property in the absence of authorisation from the competent authorities;
7° A trade mark contrary to public policy or the use of which is legally prohibited;
8° A trade mark of such a nature as to deceive the public, in particular as to the nature, quality or geographical origin of the product or service;
9° A trade mark excluded from registration by virtue of national legislation, European Union law or international agreements to which France or the Union are party, which provide for the protection of designations of origin and geographical indications, traditional terms for wines and traditional specialities guaranteed ;
10° A trade mark consisting of the name of an earlier plant variety, registered in accordance with Book VI of this Code, European Union law or international agreements to which France or the Union are party, which provide for the protection of new plant varieties, or reproducing it in its essential elements, and which relates to plant varieties of the same species or of a closely related species;
11° A trade mark the filing of which has been made in bad faith by the applicant.
In the cases provided for in 2°, 3° and 4°, the distinctive character of a trade mark may be acquired as a result of the use that has been made of it.
