What is a protected trademark in France?
A trademark is a sign capable of graphic representation used to distinguish the products or services of a natural or legal person.
This sign can take the following forms:
- Denominations in all forms such as: words, assemblies of words, patronymic and geographical names, pseudonyms, letters, numbers, acronyms;
- Sound signs such as: sounds, musical phrases;
- Figurative signs such as: drawings, labels, seals, borders, reliefs, holograms, logos, synthetic images;
- The shapes, in particular those of the product or its packaging or those characterizing a service; the arrangements, combinations or shades of colors. ;
The use of a trademark owned by a third party
By accepting our General Terms and Conditions, a seller warrants that the addons it sells on the Marketplace "do not infringe or infringe any copyright, patent, trademark, or any other intellectual property right belonging to a third party".
The use of a third-party trademark is strictly regulated.
In case of doubt about the publication or use of a sign that could create confusion in the public's mind, particularly about the nature, quality or origin of the product or service, we invite you to contact the trademark holder or a legal adviser.
A seller is making unauthorized use on the Marketplace of the brand I hold
As an intermediary, PrestaShop does not systematically check the brand images of addons sold on our Marketplace.
In the event that you consider that a theme or module infringes your rights, you can notify the author of the disputed content in accordance with the legislation in force.
It is also possible to notify PrestaShop under the conditions set by law. If the notification is made in good and due form, PrestaShop will contact the author of the disputed addons and then proceed, if the infringement is manifest, to suspend the addons on its Marketplace as soon as possible.
What to do in case of notification for the illicit use of a third party's trademark?
PrestaShop has sent you a notification received from a rights holder
In this situation, you are first invited to approach the person who sent this notification to start discussions.
In the absence of an agreement between the parties within a reasonable time and in the event of a manifest infringement of the rights of the third party, PrestaShop will proceed to suspend the disputed addon.
A notification has been sent directly to you by the rights holder
You are required to inform PrestaShop immediately so that we can proceed to suspend the addon that infringes the rights of a third party.