Consequences of Not Filing a Trademark: Risks for Your Business

The consequences of not registering the trademark for your business: Risks and solutions

There intellectual property protection is essential to ensure the success and sustainability of a business. Indeed, registering your trademark in France not only allows you to secure your identity and your creations, but also to protect yourself against the risks linked to unfair competition.

Trademark registration in France

THE trademark registration near theINPI (National Institute of Industrial Property) is a crucial step for any company wishing to protect its name, logo or any other distinctive sign associated with its products or services.

The rights conferred by trademark registration

The owner of a registered trademark benefits from a exclusive right on the use of the latter, thus allowing it to prohibit a third party from using an identical or similar sign for similar products or services. This right extends over the entire French territory and can be extended internationally according to business needs.

Duration of protection and renewal

There validity of a brand filed is initially for 10 years from the date of filing and may be renewed indefinitely for successive periods of 10 years. THE renewal must be made within six months prior to the due date.

The risks linked to non-registration of the trademark

Not register your trademark exposes the company to various risks that could harm its proper functioning and reputation.

Lack of legal protection

Without trademark registration, the company does not benefit from any legal protection in the event ofachievement to his rights. Thus, it may find itself in competition with third parties using a similar or identical sign for similar products or services, without being able to act effectively to protect its interests.

Unfair competition and counterfeiting

Failure to register the trademark also exposes the company to unfair competition and to the counterfeit. Indeed, competitors can take advantage of this situation to copy or imitate the company’s products or services, thus causing economic damage and damage to its image.

Concrete examples of companies having suffered negative consequences following the non-registration of their trademark

Several companies have paid the price for not registering a trademark. For example, the company Amélie was forced to change its name after discovering that another company in the same sector had already registered a similar trademark. This change generated additional costs and a loss of notoriety for the company.

Another example is that of a company specializing in clothing which had to face unfair competition following the non-registration of its trademark. Competitors took advantage of this situation to replicate the company’s original designs, causing its sales to significantly decline.

The costs of trademark registration

Filing fees with the INPI

The cost of registering a trademark in France varies depending on the number of classes of products or services concerned. It amounts to €210 for the first class and €42 per additional class. Reductions are possible for innovative companies or those benefiting from specific financial assistance.

Costs linked to international protection

To extend the protection of a trademark abroad, additional costs must be expected, which vary depending on the country and the protection systems chosen. The company must then take into account its needs and its budget to determine the geographic extent of its protection.

Alternatives and supplements to trademark registration

There are other options for effectively protecting your intellectual property.

Domain name and company name

Save a domain name on the internet is an important step to ensure your online presence and prevent competitors from using a similar name for their website. Additionally, choose a company name separate name for your business also helps avoid the risk of confusion with other companies.

Patents and models

THE patents provide legal protection for technical inventions, while models protect the industrial design of objects. These alternatives can be used in conjunction with trademark registration to strengthen the overall protection of a company’s intellectual property.

Entrepreneurs and business managers must be aware of the consequences of not registering the trademark for their activity in France. It is crucial to take the necessary measures to protect your intellectual property and avoid the risks linked to unfair competition, counterfeiting or even the absence of legal protection. By investing in trademark registration, the company gives itself every chance of succeeding and perpetuating its activity on the French and international market.