Key Benefits:
Public concerned: territorial authorities; public institutions of intercommunal cooperation; National Institute of Industrial Property (INPI).
Subject: procedure for alerting territorial authorities and public intercommunal cooperation institutions to trademark deposits with the National Institute of Industrial Property.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree sets out the modalities of the notification procedure for territorial authorities and public inter-communal cooperation institutions by the National Institute of Industrial Property on the trademark filing containing their name. It provides that the application and alert are sent electronically.
References: the decree is taken in application of theArticle 73 of Act No. 2014-344 of 17 March 2014 relative to consumption that created theArticle L. 712-2-1 of the Intellectual Property Code. The decree and the provisions of Intellectual Property Code which it amends can be consulted, in their writing, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Vu le Intellectual Property Code ;
Vu la Act No. 2014-344 of 17 March 2014 relative to consumption;
In view of the National Standards Assessment Council's deliberation No. 14-12-18-00178 of 18 December 2014,
Decrete:
After article R. 712-28 of the Intellectual Property Code, articles D. 712-29 and D. 712-30 are inserted as follows:
"Art. D. 712-29. - To benefit from the right of free alert provided for in Article L. 712-2-1, the territorial authorities and public institutions referred to in Article L. 712-2-1 shall send an electronic application to the National Institute of Industrial Property in accordance with the terms set by decision of the Director General of the Institute.
"This request includes:
« 1° The name or country name for which the alert is requested;
« 2° The e-mail address to which the alert must be sent;
« 3° Identification of the requesting community or institution and its Siren Identification Number.
"The application results in the issuance of a receipt electronically. The date of registration of the request for an alert is the date of receipt.
"Art. D. 712-30. - The alert is sent by the National Institute of Industrial Property electronically within five working days of the publication of a trademark registration application, containing the name of the community or the name of the country concerned, to the Official Industrial Property Bulletin.
"When the trademark is filed pursuant to Council Regulation (EC) No. 207/2009 of 26 February 2009 on the Community mark or the Madrid Agreement concerning the international registration of the amended 14 April 1891 trademarks and its amended 27 June 1989 protocol, the Institute shall send an electronic alert within three weeks after the publication of the trademark application in the Community Marks Bulletin or the International Trademarks Gazette.
"The alert refers to the ability of any interested person to make comments under section L. 712-3 and local authorities to file an opposition to registration under section L. 712-4. »
This Order is applicable in the Wallis and Futuna Islands.
The Minister of the Interior, the Minister of Economy, Industry and Digital Affairs, the Minister of Decentralization and Public Service, the Minister of Overseas and the Secretary of State for Trade, Crafts, Consumer Affairs and Social and Solidarity Economy are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on June 15, 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
The Minister of the Interior,
Bernard Cazeneuve
Minister of Decentralization and Public Service,
Marylise Lebranchu
Minister of Overseas,
George Pau-Langevin
The State Secretary for Trade, Crafts, Consumer Affairs and Social and Solidarity Economy,
Carole Delga
