Filing Requirements:
1. Power of attorney, simply signed. A general power may be used for subsequent filings.
2. Copy of priority document, if priority is claimed, certified.
3. 1 film and 10 prints of the mark for each application.
* Item 3 must be submitted at the time of filing.
* Document 1 may be submitted within 30 days from filing date.
* Document 2 may be submitted within 3 months from filing date.
Classification:
The International Classification of Goods and Services (9th Edition) is followed. A single application may include several classes.
Opposition:
Trademark applications accepted by the Registrar are published in the Industrial Property Bulletin. Oppositions may be filed within 60 days from publication date.
Extension Of Time:
Extension of time for oppositions/counter-oppositions or for responding to office actions is not possible.
Protection Term:
Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is no grace period for late renewals of a trademark.
Documents Required For Renewal:
- Power of attorney, simply signed.
Use Requirements:
Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years from registration date.
Search:
An official search may be conducted for word marks. It takes approximately 7 working days for the results to be available. A single application is required for search in all classes. The search report discloses similar and identical trademark registrations.
Assignment:
* Trademark applications and registrations may be assigned with or without the goodwill of the business concerned.
* Documents required:
- Power of attorney from the assignee, simply signed.
- Deed of assignment, notarized, with simple French translation.
Change Of Name/Address:
* A change of name/address may be recorded for trademark applications and registrations.
* Documents required:
- Power of attorney, simply signed.
- Certificate of the change of name or an extract from the commercial register, notarized with French translation.
- Change of address only a simply signed power of attorney is required.
Licensing:
* License recordal is not compulsory but advisable in order to be effective against third parties.
* Documents required:
- Power of attorney, simply signed.
- License agreement, legalized with French translation.
Merger:
* A merger may be recorded for trademark applications and registrations.
* Documents required:
- Power of attorney, simply signed.
- Certificate of merger, legalized with French translation.
Marking:
Marking is not compulsory.
Cancellation:
A trademark is subject to cancellation by any interested party within 5 years from registration date.
Registration Time Frame:
The time frame for completing the registration process is 3 to 4 years.
Three Dimensional Trademark Applications:
Admissible.