How to register a French trademark in America and protect your intellectual property: step-by-step guide
Protect your brand abroad is essential for owners wishing to develop their business in new markets. This article aims to inform and guide owners of French brands who wish to extend their protection in America.
Procedures for extending the protection of a French trademark abroad
There are three main procedures for protecting a French trademark abroad: national, community and international.
National procedure
The national procedure consists of submitting an application fortrademark registration from each country where you wish to protect your brand. This method offers direct control over the registration process and allows adaptation to the legal specificities of the country concerned. However, it can be costly and time-consuming, because it will be necessary to carry out individual procedures in each targeted territory.
Community procedure
The community procedure makes it possible to extend the protection of a French trademark within the European Union (EU) through a single application to the European Union Intellectual Property Office (EUIPO). This approach simplifies administrative formalities and reduces costs, since it covers all EU member countries. However, it does not apply in America.
International procedure
The international procedure is based on the Madrid system managed by the World Intellectual Property Organization (WIPO). It allows you to protect a French trademark in several member countries by making a single request. This method is particularly suitable for brands wishing to extend their protection to America, as it includes countries such as the United States, Canada and Mexico.
The Madrid system
The Madrid System offers a simplified and cost-effective solution to extend the protection of a French trademark in the Americas. By filing a single application with the INPI (National Institute of Industrial Property), French companies can protect their brand in several member countries of the system without having to carry out individual procedures in each territory.
The right of priority
The right of priority is an important concept for French brands that wish to expand in the Americas. It allows owners of a French trademark to benefit from a period of six months from the initial filing to extend the protection of their trademark abroad, while retaining the original filing date. Thus, subsequent applications will be treated as if they had been filed at the same time as the initial application.
Costs associated with extending the protection of a French trademark in the Americas
The costs vary depending on the procedure chosen to protect your French trademark in the Americas. The national procedure can generate significant fees, while the Madrid System generally offers better value for money. To minimize expenses, it is recommended to carefully assess your needs and choose the procedure that best suits your situation.
Examples of French brands that have successfully expanded to the United States
Several French brands have achieved international success, particularly in the United States. Among them, we can cite L’Oréal, a world leader in the cosmetics industry, or Louis Vuitton, an iconic brand in the luxury sector. These companies have been able to take advantage of the different registration procedures to protect their brand and strengthen their presence on the American market.
Success factors include a good understanding of local legislation, a marketing strategy adapted to the cultural and economic specificities of the country, as well as the ability to innovate and adapt quickly to market developments.
By extending the protection of your French brand in America, you offer your company the best chance of succeeding in this attractive and competitive market. Remember to learn about the different procedures available and choose the one that best suits your needs and goals.