Chapter II: Acquisition of Trade Mark Rights

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Article R712-3

French Intellectual Property CodeIn force

Updated 7 Nov 2023

The application shall comprise:

1° The application for registration of the trade mark drawn up in accordance with the conditions laid down by the decision referred to in Article R. 712-26 and specifying in particular:

a) The identification of the applicant;

b) The representation of the trade mark drawn up in accordance with the provisions of Article R. 711-1;

c) A list of the goods or services to which it applies, together with a list of the corresponding classes in accordance with the provisions of Article R. 711-3-1;

d) Where applicable, an indication that the right of priority attached to a previous foreign filing is claimed or that a guarantee certificate has been issued pursuant to the Law of 13 April 1908.

2° The following attachments:

a) Proof of payment of the prescribed fees;

b) If an agent is appointed, the agent's power of attorney, unless the agent is an industrial property attorney or a lawyer ;

c) If the distinctive character of the sign registered as a trade mark has been acquired through use, the justification for such use;

d) In the case of a collective or guarantee trade mark, the regulations determining the conditions to which use of the trade mark as defined in Articles R. 715-1 and R. 715-2;

e) If the applicant is a foreigner who is neither domiciled nor established on national territory, and subject to international conventions, proof that he has duly filed the mark in the country of his domicile or establishment and that this country grants reciprocal protection to French marks.

A single filing may only relate to one mark.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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