France

Under Articles L.711-2 et seq. of the IPC, reflecting the EU Trademark Regulation (EUTMR), trademarks are distinctive signs distinguishing one undertaking’s goods or services from another’s. To be registered, a mark must be distinctive, lawful and available, and protection lasts 10 years, renewable indefinitely. Use must occur within the first five years and not be discontinued for more than five consecutive years to avoid revocation. Certain non-traditional trademarks are particularly relevant in the fashion industry.

Colour marks consist of the exclusive use of a colour or combination of colours without contours, often identified by an internationally recognised code (e.g. Pantone). For example, Pantone Yellow Shade #1225 was registered with the INPI in 2004 for pharmaceutical products (Class 5, French trademark No. 3266429, Les Laboratoires Servier).

Shape marks are trademarks that consist of a product’s shape, provided it does not result solely from the nature of the goods, a technical function or substantial value (Articles L.711-2, L.711-5 IPC).

As an example, Chanel registered the three-dimensional shape of a handbag before the INPI in Class 25 goods for bags (French trademark registration No. 4120437, filed by Chanel on 24 September 2014, in classes 14, 18 and 25).

Position marks consist of a sign’s specific location on a product, which must be seen as a guarantee of origin rather than a decorative element (ECJ C‑408/01, Adidas-Salomon AG v. Fitnessworld Trading Ltd EU:C:2003:582, 23 October 2003, paragraph 41). For example, the INPI accepted a position mark for shoes by HUMMEL HOLDING (IR No. 1313403).

The French Supreme Court also recently upheld the validity of the famous Louboutin red sole trademark (Cour de cassation, 10 September 2025, case no. 24-81.914).

“Made in France” labels may be used on fashion goods if they comply with EU rules of origin, codified by French Customs. The product must derive a significant part of its value from manufacturing in France and have undergone its last substantial transformation in France (Article 60 Regulation (EU) No. 952/2013; Articles 32–36 & Annex 20‑01, Commission Delegated Regulation (EU) 2015/2446).

Pattern marks feature the regular repetition of elements and can be registered if sufficiently distinctive. For example, Christian Dior Couture’s “cannage” pattern for leather goods, bags and clothing (Classes 18, 24, 25) was upheld by the Paris Court of Appeal, 12 November 2010, No. 09/13667.

Unregistered marks. Unregistered marks will only benefit from trademark law protection in France if they are well-known trademarks pursuant to Article 6 of the Paris Convention.

In France, design protection under Articles L.511-1 to L.522-2 of the Intellectual Property Code covers the appearance of a product or part of a product. At the European level, Regulations (EC) No. 6/2002 and (EU) 2024/2822, together with Directive (EU) 2024/2823, modernise and strengthen protection, extending it to 3D-printed designs, animations, transitions and digital features, while allowing multiple-design applications across different Locarno classes, reducing costs. The reforms also simplify registration and harmonise design rights with other IP.

A design can be protected if it is new and has individual character. Registered designs last five years, renewable up to 25 years, and are a valuable asset for the fashion industry, protecting shapes or patterns not eligible for trademarks — although proving novelty or individual character can be challenging. Unregistered designs are protected under Regulation (EC) No. 6/2002 for three years from first public disclosure in the EU, offering cost-effective protection for the fashion industry’s seasonal designs.

In France, copyright protection arises automatically upon creation, making it a cost-effective tool for protecting high-volume, seasonal fashion works. Under Article L.111-1 of the IPC, a fashion work is protected if it is original; for example, the Court of Appeal of Paris recognised Cartier’s panther rings as original works due to the combination of arbitrary and aesthetic choices (12 January 2024, case no. 22/02206). Copyright grants both moral rights — including paternity, integrity, divulgation and withdrawal rights (Articles L.121-1 to L.121-9 IPC), which are perpetual and non-transferable — and economic rights, lasting for the author’s lifetime plus 70 years (Article L.123-1 IPC).

While fashion products are mainly protected through trademarks, designs, copyright, and unfair competition law (see Question 4, below), other IP rights can also be valuable — for example, patents can safeguard smart fabrics or other technological innovations.

Licence agreements

Licence agreements are contracts by which an IP owner grants a third party the right to use the IP in exchange for royalties. Key clauses typically include the licence’s object, territory, exclusivity, royalties and payment terms, maintenance and assistance, know-how transfer, non-competition, liability, duration and disposal of stocks upon termination.

Non-disclosure agreements (NDAs)

In practice, NDAs should define the confidential information, outline the receiving party’s obligations, specify exceptions, and set the duration of confidentiality.

Sub-contractual agreements/in-house manufacturing

These agreements should cover quality control, shipment quantity, payment, delivery dates, product specifications, IP ownership and liability, and may also address restrictions on sub-contracting, which is particularly relevant for sustainability considerations.

Agency agreement

Under Articles L.134-1 et seq. of the French Commercial Code, a commercial agent is an independent contractor responsible for negotiating and concluding commercial agreements on behalf of another party. Contracts may be fixed term or indefinite; written or oral. If not expressly stipulated, the agent’s commission is based on customary sector practice or, absent such practice, a reasonable remuneration. In practice, agency agreements should cover products and territory, parties’ obligations, trial period, information duties, commissions, customer indemnity on termination, IP usage, confidentiality, non-competition, duration, and intuitu personae clauses.

Selective distribution online in high-end fashion and trademark protection

Selective distribution is widely used in luxury fashion to preserve brand prestige, control quality and protect IP. Key clauses include eligibility and quality standards, online sales restrictions, trademark and IP protection, monitoring and enforcement and compliance with competition law. These agreements enable high-end brands to control sales channels, maintain exclusivity, and safeguard trademarks while remaining legally compliant.

Co-branding and co-marketing

Co-branding occurs when two brands collaborate to jointly promote products or services, usually formalised through a partnership or licensing agreement. Key clauses cover brand and trademark use, revenue and royalty management, sales and distribution, duration, brand co-existence and post-campaign arrangements. A clear agreement helps both parties protect their brand image, share revenues fairly, and avoid reputational risks.

Franchising and alternative sales model agreements

A franchise is an independent business operating under the brand, reputation and know-how of an established company in exchange for remuneration, a common model in the fashion sector. Franchise agreements typically cover general clauses (purpose, duration, territory, exclusivity), franchisor obligations (know-how transfer, brand use, support, advertising), franchisee obligations (compliance, fees, non-competition) and termination/stock handling. Prior to signing, the franchisor must provide the Pre-contractual Information Document (DIP) as required by the French Commercial Code.

Employing fashion models

In France, fashion models are governed by Articles L.7123‑1 et seq. of the Labour Code and the national collective agreement. Models, whether represented by an agency or engaged directly, are generally considered employees. Remuneration typically covers services performed in person and use of their image. Key contractual clauses include scope of duties, duration, remuneration, image rights confidentiality and termination. Special rules apply for minors: administrative authorisation or certified agency, written consent for ages 13+ and compliance with Articles L.7124‑1 et seq.

Social media, influencers and brand ambassadors/celebrities

In France, influencer marketing is governed by Law No. 2023-451 of 9 June 2023, as amended by Ordinance No. 2024-978, ensuring transparency and consumer protection. A written contract is required when remuneration or benefits exceed a statutory threshold. Key clauses typically cover parties’ identity, scope of services, remuneration, IP and brand obligations, and governing law. Promotional content must be clearly labelled (“Advertising”/“Commercial collaboration”), digitally retouched images marked (“Retouched images”), and AI-generated images identified (“Virtual images”). The law also applies to foreign influencers targeting a French audience, requiring an EU representative and liability insurance.

Advertising standards, relevant authorities and advertising practice

In France, advertising is governed by the Consumer Code and industry self-regulation, notably Autorité de Régulation Professionnelle de la Publicité (ARPP) guidelines, requiring adverts to be truthful, non-misleading and substantiated, including sustainability claims. Enforcement is carried out by the DGCCRF (commercial practices) and ARCOM (audiovisual and digital content), while the ARPP provides non-binding industry recommendations to ensure compliance and prevent disputes.

E-commerce and online marketing in France are governed by the Consumer Code, along with data protection and digital economy laws, including the General Data Protection Regulation (GDPR) (EU 2016/679), the French Data Protection Act, CNIL guidelines, and Law No. 2004-575. Online marketplaces must provide privacy/cookie policies, terms of use and terms of sale, and all advertising must be clearly labelled as commercial; non-compliance can lead to liability and fines. At the EU level, the Digital Markets Act (DMA, May 2023) and Digital Services Act (DSA, August 2023) apply automatically, limiting platform dominance and regulating the dissemination of illegal or infringing content.

The layout of a physical retail store may be protected by copyright in France if deemed original (e.g. Douai Court of Appeal, 5 April 2018, Case 17/03809) and can also be protected as a design if new and possessing individual character. Website store layouts may receive similar protection under copyright or design law. Additionally, parasitism (Douai Court of Appeal, 16 March 2017, Case 15/03286) and unfair competition (Paris Court of Appeal, 15 February 2017, Case 14/15753; 20 March 2014, Case 12/02256) can be invoked to prevent copying that exploits a competitor’s reputation or investments.