Governmental decree of 9 December 2019 is one of the latest measures implementing in France Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (see our article here), consistent with the new French legislation on trademarks (see our article here).
The new system is in line with the European trademark system.
Until now, basic official fees payable to the French Patent and Trademark Office for a new trademark application or for an application for renewal of a registered trademark covered up to 3 classes of goods and services. Additional fees were due for additional classes above 3 classes of goods and services.
Although the system was shared by many countries in the world and especially in Europe, it had one major drawback. Because many applicants understood the costs would be the same for a trademark application in 3 classes as for a trademark application in 1 class, a lot of trademark applications were filed for 2 or 3 classes whereas there was no justification in view of their real business or activity. As a consequence, a lot of registered trademarks covered (and are still covering) unnecessary classes and unnecessary goods and services.
Such practice resulted in an absurd overload of the French trademark register.
The new system provides for a new structure of fees. Basic official fees cover only the first class of goods or services, for new trademark applications and renewals both. Additional fees are due starting from the second class of goods or services.
New basic official fees for a French trademark application are EUR 190 for the first class of goods or services, and EUR 40 per additional class (as compared with EUR 210 for 1 to 3 classes, and EUR 42 per additional class before).
New basic official fees for a French trademark renewal are EUR 290 for the first class of goods or services, and EUR 40 per additional class (as compared with EUR 250 for 1 to 3 classes, and EUR 42 per additional class before).
New official fees enter into force December 11, 2019.
INSCRIPTA already anticipated the new system a few years ago in order to provide a true custom-made service. Our strategy was motivated by our commitment towards our clients. We were right!