Protecting your trademark and intellectual property: INPI filing, NDAs and rights transfer

For an SME or a startup, the brand, logo and creative works are often the most valuable intangible asset. Yet many owners discover too late that their trademark is unprotected, that copyright transfers did not follow legal form, or that staff access strategic information with no confidentiality undertaking. In our practice, we regularly guide clients on three fronts: understanding the forms of intellectual property, deciding when and how to protect, and accounting for these assets.

Quick answer. Filing a trademark with INPI costs about EUR 190 for one class (online filing), plus EUR 40 per additional class, and protects for 10 years, renewable indefinitely. A confidentiality agreement (NDA) secures pre-contractual exchanges. Copyright transfer requires a written document (Article L131-3 of the Intellectual Property Code). In accounting, an internally created trademark is not capitalised; an acquired trademark is amortised over its useful life or tested for impairment.

What is a trademark and why file it?#

A trademark is a distinctive sign (words, logo, shape, colours) that identifies a company's products or services and distinguishes them from competitors'. Filing with the French Industrial Property Office (INPI) grants an exploitation monopoly over French territory, for the product and service classes covered.

Three reasons to file:

• Monopoly: prevent a third party from filing the same trademark in your field;
• Proof of ownership: in a dispute, the earlier filing prevails and lets you act for infringement;
• Transferable asset: a registered trademark can be sold, licensed or contributed to capital.

Without filing, a trademark only enjoys the weaker protection of general law (unfair competition, free-riding).

INPI fees and cost structure#

The cost depends on the number of classes covered.

Official amounts are listed on the INPI website. Filing and follow-up are handled entirely online via the INPI portal.

Nice classification and the principle of specialty#

The Nice Classification splits products and services into 45 classes (1 to 34 for goods, 35 to 45 for services).

The principle of specialty limits protection to the filed classes: a trademark in class 42 (IT) does not stop a third party filing it in class 25 (clothing). Hence the value of anticipating future business areas. A web agency files at least class 42; if it publishes software, it adds class 9.

Prior-art search and opposition#

Before filing, run a prior-art search on the INPI portal to check that no identical or similar trademark exists in the same classes. After the filing is published, third parties have a two-month window to oppose (in France), then INPI examines. A serious upfront search sharply reduces opposition risk.

Duration, renewal and revocation#

A trademark is protected for 10 years, renewable indefinitely in 10-year periods. Renewal is requested in the window before expiry (with a limited grace period and surcharge). If the trademark has not been put to genuine use for five years, a third party can seek its revocation.

Beyond the trademark, other rights protect your intangible assets.

• Patent: protects a technical invention for 20 years from filing, with no renewal. A French procedure costs several hundred euros (filing, search report, grant), excluding annuities and counsel.
• Designs and models: protect a product's appearance for 5 years, renewable up to 25 years.
• Copyright: arises automatically on creation (text, code, design), with no filing (Article L111-1 of the Intellectual Property Code). Its transfer requires a written document stating the rights transferred, their scope and the remuneration (Article L131-3).

Common scenario: a freelance designer delivers a mockup to an agency. Without a written transfer, they remain the copyright holder even after handing over the file. To exploit the work freely, the agency needs a signed transfer contract.

An NDA binds the parties to keep certain information secret. It rests not on a filing but on contractual commitment.

It typically arises in pre-contractual negotiation, acquisition due diligence, a sensitive supplier relationship or a high-stakes hire. An effective NDA defines the confidential information, the exceptions (public or already-known information), the duration of the duty, permitted uses, remedies for breach and the return of documents.

A unilateral NDA protects one party; a bilateral NDA binds both. In practice, an NDA without signature or traceability is very hard to enforce: have it signed (electronically or not) and keep proof of acceptance.

A transfer conveys ownership of the right; a licence authorises its use without transfer. Transferring a registered trademark requires a written document, to be recorded in the INPI trademark register to be enforceable against third parties (for a recordal fee). Patent transfer follows the same formalism.

An exploitation licence grants use of the right for remuneration (royalties). It may be exclusive or not, and must state the right concerned, the territory, the term and the licensee's obligations.

This is an often-overlooked but decisive point.

Internally created trademark#

A trademark created and developed internally (name, logo design) is not capitalised. The related costs are expensed in the period. The trademark's real value therefore does not appear on the balance sheet.

Acquired trademark#

An acquired trademark (purchased, contributed to capital, received via merger) is recorded as an intangible fixed asset. It is amortised over its useful life where that life is determinable; where it is deemed indefinite, the trademark is not amortised but is tested for impairment annually. This treatment follows the French general accounting plan (ANC regulation).

Tech startups#

A startup holds copyright over its code (automatic), a trademark for the product name (filing recommended from beta), and possibly patents. Investors require that copyright over the code be transferred to the company, not held by the founders — via a written transfer (Article L131-3).

Direct-to-consumer brands#

A brand selling directly must file its trademark with INPI and, depending on its markets, extend protection internationally. Counterfeiting risk is high there.

Web agencies and creatives#

An agency can keep its rights and license them, or transfer them to the client for a fee. The transfer must appear on the quote and invoice and be formalised by a contract.

• Confusion between rights: trademark, patent and copyright do not protect the same thing. An upfront audit avoids mistakes.
• No filing at launch: without a filing and a prior-art search, a competitor can register your trademark; reclaiming it is long and costly.
• Poorly formalised transfer: without a written document, the author remains the holder — a major risk for agencies and software publishers.
• Missed renewal: an unrenewed trademark lapses; watch the 10-year deadline.

A web agency director asked us to review their contracts. Examining the files, we found that the copyright transfer over the produced websites had never been formalised, and that several contractors had even written that they retained their rights. We had to renegotiate with former collaborators to recover those rights — work a simple template contract at hiring would have avoided. On the accounting side, this also creates opacity: intangible assets that appear nowhere complicate valuations in funding rounds or a sale.

Hayot Expertise advice. At creation or product launch, run a quick IP audit: identify the assets to protect (trademark, code, data), check prior art, formalise transfers with staff and contractors, and record acquired assets correctly. This modest upfront effort saves months of remediation and reassures investors and buyers.

• Over-filing patents: before incurring costs, check the invention is truly patentable (novelty, inventive step, industrial application). A prior-art search avoids pointless filings.
• Verbally accepted NDA: a verbal undertaking has little evidential value. Require a signed document.
• A trademark that becomes generic: through generic use, a trademark can lose its distinctiveness. Consistent, proprietary use of the sign protects it.

• A trademark costs about EUR 190 for one INPI class and protects for 10 years, renewable indefinitely.
• Run a prior-art search before any filing.
• An NDA must be written and signed; verbal is worthless.
• Copyright transfer requires a written document (Article L131-3); without it, the author remains the holder.
• An internally created trademark is not capitalised; an acquired trademark is amortised or impaired.
• Patents, designs and copyright: complementary protections by type of creation.

• INPI — The applicant and the cost of a trademark
• INPI — Filing a trademark
• Légifrance — Intellectual Property Code (Article L131-3, copyright transfer)
• Légifrance — Intellectual Property Code
• ANC — French general accounting plan (intangible assets)