Trade Mark Registration Certificate Translation for France

The INPI and the EU trade mark: two separate routes

A mark can be protected in France along two different routes: a national application filed directly with the INPI (Institut national de la propriété industrielle), or a European Union trade mark registered before the EUIPO and covering the whole of the EU. There is a further route often taken when a registration from Türkiye is extended to France, namely an international registration made through WIPO under the Madrid Protocol and designating France or the EU. Which office the document is filed with has a direct bearing on the language and the scope of the translation; the INPI route proceeds in French, whereas the EU route has language rules of its own.

The registration number and the filing and protection dates on the certificate must match the data of the basic mark; these are numerical identity and are carried across without being translated. The link between the basic registration and the international or EU registration is kept consistent throughout the document, since breaking that link leaves it unclear which registration the mark rests on.

The Nice classification and the list of goods and services

Trade mark protection is granted for particular classes of goods and services, and that classification rests on the international Nice system. The real weight of the translation falls on the list of goods and services (liste des produits et services): which products and services are protected must be rendered into French exactly and in full. A word choice that narrows or widens the coverage of a single item shifts the boundary of protection, which is why the list is rendered with the established equivalents of the target language and handled consistently.

A frequent confusion is to take the class heading and the list of goods and services to be one and the same. The heading gives no more than a general frame; the actual scope of protection is determined by the concrete items enumerated under that class. Shortening the list, or making do with the heading, misstates the scope before the INPI or the EUIPO. Nice class numbers are kept as they stand and in the same order. Where the same mark is protected in several countries, the list prepared for the INPI is expected to agree with the lists filed at other offices.

The priority document and protection of the sign

Where an application rests on a right of priority, the priority document of the first filing, together with its date and numbers, is the numerical identity of the file and is never altered in translation. This priority, claimed under the Paris Convention, determines the date from which the mark is protected. A trade mark is a sign, and a sign is not translated: a word mark is left as it stands, while a figurative element or logo is described inside square brackets. Rendering a mark into French according to its meaning turns the protected sign into an altogether different one.

The type of mark (word, figurative, composite) and the proprietor’s name and address are carried across in full as identifying data. Protection endures, but it is not unlimited; renewals and assignments appear on the certificate as endorsements and all of them are preserved in translation, because they are what makes title traceable without a break. An older certificate that shows neither an intervening assignment nor a renewal leaves a question mark over the current status of the mark, whether before the INPI or before an opposing party; the copy that is filed is therefore expected to reflect the mark as it stands today.

• Carry the list of goods and services across in full; do not settle for the class heading.
• Do not translate the word mark; describe figurative elements in brackets.
• Preserve the priority and registration dates as numerical identity.

Certification: office format rules and the listed translator

What decides matters during registration is usually a translation that complies with the INPI’s or the EUIPO’s own language and format rules. Sworn translation comes into play elsewhere: as an annex to a licence agreement, at customs or in infringement proceedings. A translation submitted for official use in France must be produced by a sworn translator (traducteur assermenté) on the list of a court of appeal (Cour d’appel), failing which the Turkish chain is followed – sworn translator, then notary, then apostille. France is a party to the Hague Apostille Convention; if an apostille is required, confirm the current position from the official HCCH list. You can handle the process through our single office in Ankara Kızılay, see the cost on our pricing page and request a quotation by uploading your document. This page is for general information; for registration strategy, consult your trade mark attorney.