Protection through trademarks, and industrial design rights
Among the many distinctive signs of a company, the trademark constitutes an essential element of the company’s industrial and commercial strategy. It allows a company to win over a clientele by permitting people to identify and distinguish its products and services from the competitors. To the consumer, the trademark supplies information and also provides security – a guarantee of origin.
Any legal or natural person may register a trademark in order to designate the product it manufactures or markets, or the service it provides.
In France, the protection of a trademark is acquired by registering with the National Institute of Intellectual Property (INPI). In Europe, the protection of a trademark can be acquired by registering with the Office of Harmonization for the Internal Market (OHIM).
Trademark registration allows a company to take legal action against a third party for trademark infringement in the event of unauthorized use of an identical or similar trademark for an identical or similar product or service. It also prevents a third party from making a fraudulent registration to your trademark.
Industrial aspect rights protects the visual and aesthetic design (the shape or external aspect) whether the product be utilitarian or purely ornamental. Industrial design refers to both two-dimensional graphic creations and three-dimensional objects.