Official Statement – Legal Protection of Royaume d’Araucanie et de Patagonie
Trademark Registration
The name Royaume d’Araucanie et de Patagonie is registered with the French National Institute of Industrial Property (INPI) as a trademark in France, under Class 41 of the Nice Classification.
This registration grants an exclusive right of use of the name for the following services :
Education and training
Cultural and entertainment activities
Film production and distribution
Book and document publishing
Note : In accordance with the INPI’s decision, services related to the organisation of conferences and exhibitions have been excluded. All other essential services remain protected.
Establishment of an Organisation under the 1901 Law
In addition, an organisation governed by the French Law of 1st July 1901 has been established under the same name Royaume d’Araucanie et de Patagonie.
This dual protection – trademark and organisation – legally secures the use of the name and renders any attempt at appropriation or fraudulent exploitation null and unlawful.
Legal Consequences
Absolute exclusivity: any unauthorised use of the name in the protected fields constitutes infringement under Articles L.713-2 and L.713-3 of the French Intellectual Property Code.
Civil and criminal sanctions: offenders are liable to damages, seizure of counterfeit products and fines and imprisonment as provided by Articles L.716-4 and following of the French Intellectual Property Code.
Extended liability: both natural and legal persons, as well as their directors, may be prosecuted jointly.
Immediate enforceability: the trademark and the association are enforceable against all third parties in France without exception.
Conclusion
The registration of the trademark and the creation of an organisation under the 1901 Law constitute a legal and militant fortress.
The Royaume d’Araucanie et de Patagonie now possesses a complete legal arsenal to protect its name and activities. Any attempt at contestation, usurpation or fraudulent exploitation will be prosecuted with the utmost rigour, in accordance with French law.
This act is both a legal affirmation and a declaration: it inscribes our struggle within positive law and guarantees the continuity of our values of justice, m emory and solidarity.
French Intellectual Property Code and Penalties
Article L.713-2
“It is prohibited, unless authorised by the trademark owner, to use in the course of trade for goods or services:
1° A sign identical to the trademark and used for goods or services identical to those for which the trademark is registered;
2° A sign identical or similar to the trademark and used for goods or services identical or similar to those for which the trademark is registered, if there exists, in the mind of the public, a likelihood of confusion including the risk of association of the sign with the trademark.”
Article L.713-3
“It is prohibited, unless authorised by the trademark owner, to use in the course of trade, for goods or services, a sign identical or similar to a trademark enjoying a reputation and used for goods or services identical, similar or dissimilar to those for which the trademark is registered, if such use of the sign, without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the reputation of the trademark.”
Article L.716-4
“Infringement of the rights of the trademark owner constitutes counterfeiting, engaging the civil liability of its author. Infringement of the rights attached to the trademark includes violation of the prohibitions set out in Articles L.713-2 to L.713-3-3 and in the second paragraph of Article L.713-4.”
Penalties (French Intellectual Property Code – Criminal Section)
- Basic sanctions:
- Up to 3 years imprisonment
- Up to €300,000 fine
- Aggravated circumstances (recidivism or organised crime):
- Up to 5 years imprisonment
- Up to €500,000 fine
- Additional civil sanctions:
- Damages proportionate to the harm suffered
- Seizure and destruction of counterfeit goods and production tools
- Judicial publication of the decision at the infringer’s expenses