Registering a trademark in Martinique involves conducting a preliminary search, filing an application, undergoing an examination by the INPI, and waiting for the publication and potential opposition period. If successful, the registration of your trademark will grant you exclusive rights to use it in Martinique for 10 years, renewable indefinitely. By following this guide and using the provided resources, you can take the necessary steps to protect your brand in Martinique. Ensure you adhere to the requirements and guidelines to facilitate a smooth registration process.
The initial step involves conducting a preliminary search to ensure that your proposed trademark does not overlap with an existing one. The National Institute of Industrial Property (INPI) of France, which Martinique falls under, provides a database for this search. Access the database at this link: https://bases-marques.inpi.fr/
If the search does not reveal any conflicting trademarks, the next step is to file an application with the INPI. The application should include a clear representation of the trademark and a list of goods or services to be covered by the trademark.
Upon receiving the application, the INPI will examine it to verify its compliance with the requirements of the French Trademark Law. The INPI will also assess whether the trademark can be registered or if it infringes upon any existing trademarks.
Once the application passes the examination, the INPI will publish the application in the Official Bulletin of Industrial Property (BOPI). This provides third parties the opportunity to oppose the registration of the trademark. The opposition period lasts for two months from the date of publication.
If no opposition is filed, or if any opposition is resolved in favor of the applicant, the INPI will proceed with the registration of the trademark. Subsequently, the applicant will receive a certificate of registration.
As of 2022, the official fee for filing a trademark application with the INPI is approximately €210 for electronic filing and €250 for paper filing. If the application is successful, an additional fee for the issuance of the registration certificate may apply. Note that these fees are subject to change and it's recommended to verify the latest fees on the INPI website.
The entire process, from application to registration, usually takes between 4 to 6 months, provided there are no objections or oppositions.
National Institute of Industrial Property (INPI): https://www.inpi.fr/