A distinctive sign can consist of a word, name, logo, shape, colour, sound, slogan, etc. that allows a company’s products or services to be distinguished from those of its competitors. It is a key instrument of intellectual property, as it gives its owner an exclusive right of use and protects the image and reputation of the brand or product.
Trademarks are the most common example of protected distinctive signs (Article L.711-1 of the Intellectual Property Code (CPI)).
Company names, trade names, and domain names may also constitute distinctive signs when they fulfil a differentiating function.
The protection of a distinctive sign makes it possible to prevent and punish any imitation or counterfeiting by third parties (Articles L.713-2 and L.713-3 of the CPI).
