La RGPD ne perd pas de temps : deux semaines à peine après sa mise en place effective, la première sanction tombe, et c'est Optical Center qui écope ainsi d'une amende de 250 000 euros.
La CNIL a ainsi sanctionné une "fuite de données conséquente" successive à la découverte d'une faille de sécurité datant de 2017. Des internautes pouvaient ainsi accéder à des centaines de factures d'autres clients ainsi qu'à certaines données sensibles comme leurs données de santé ou encore leurs numéros de sécurité sociale.
3 millions de dossiers ont ainsi été téléchargés depuis le site d'Optical Center qui avait simplement indiqué "Effectivement, le site web ne vérifiait pas que les clients étaient connectés à leur compte client avant d'afficher les factures".
Optical Center a un lourd passif dans la légèreté avec laquelle le groupe traite la sécurisation des données. En 2015, la société avait déjà été sanctionnée par 50 000 € d'amende pour des questions de sécurité.
La CNIL a fait le choix de rendre l'affaire publique "en raison de la sensibilité particulière des données mises gratuitement à disposition, du nombre de clients impactés et du volume de documents contenus dans la base de données de l'entreprise au moment de l'incident."
Si l'amende est une des plus importantes jamais prononcée dans le Pays (grâce à l'élévation des pouvoirs de la CNIL permis par la RGPD), elle aurait pu être bien plus salée pour Optical Center si la fuite avait eu lieu après la mise en application de la RGPD, il aurait été question d'une amende pouvant alors atteindre 20 millions d'euros.
You’ve recently submitted your French trademark and haven’t activated your trademark surveillance. It’s paramount that your activate trademark surveillance as soon as possible following registration to avoid having any third party take all or part of your trademark’s identity by using a similar or identical submission.
Using your Trademark Management Interface (TMI) you can monitor your trademark on all organizations (INPI, OHIM and WIPO, targeting France).
Using your TMI you can also access trademark professionals to expand all of the development projects and value building associated with your brand (logo, visuals, commercial documents and marketing, website or mobile applications, content writing, translations, publications.)
Hello, you are on the easy access page for our most popular services.
Frequently asked questions with Susane
“Hello, I will help you secure, develop and increase the value of your trademark. I can also help you make your trademark projects a reality and put your ideas into practice.
My job is to optimize your user experience, allowing you to find the right information at the right time, and to help you to save time. Talk to you soon…”
«You have just registered a French trademark for the first time.
It is important to activate trademark surveillance as soon as possible after submission.
Please input your INPI number :
«You are the depositor for more than one trademark. Please leave your telephone number and an expert surveillance agent will take over your file.
”Industrial property Lawyers and Agents, your interfaces are no longer a mystery to us!
You have the option to acquire your own system and internalize 100% of the following systems:
Your work interfaces will be designed based on your vision of I.P. and will allow you to eliminate the time consuming aspect of many tasks.”
” Virtual Assistance is tailor made for your brand, your company or you're your clients. It integrates into every aspect of work life.
Its main functions are to automate all repetitive and time consuming tasks of your organization.
Besides the technological improvements that AFSMD can bring to your work place, our Virtual Assistance integrates and adapts to improve exchanges and fluxes. Its design, ergonomics and artificial intelligence are designed using user trends and functionality.”
“AFSMD no longer develops classic websites for brands or companies. Actually, user interfaces are the second generation of websites that we know.
These new data integration and presentation systems incorporate graphics that adapt to every screen (desktop, notebook, tablet, smartphone, mobile) and an artificial intelligence.
This artificial intelligence is programmed to identify the user and their needs. The user feels welcomed by the personalization of their visit.
In a user-friendly setting, you’ll gather and store a large amount of information on the identities, needs and attitudes of your numerical visitors. They’ll become the users of a second generation interface.”
”AFSMD brings your ideas to life by developing Web and Mobile applications that use the latest telecommunications and coding information technologies.
You’ll benefit from the expertise of developer project managers certified by AFSMD. We strive to carefully consider every project equally and to always be mindful of schedules.”
« Database administration is at the heart of what AFSMD’s work. We administrate, intercross and update databases from several different sources on a daily basis.
L'AFSMD propose ses services pour tous types de travaux sur des bases de données :
AFSMD requires its engineers and developers to undertake extensive test processes in the security and reliability of the design and administration of databases.”
“Your brand and your organization need to communicate freely with their environment.
Our marketing tools are developed on several levels :
To do so, AFSMD develops essential tools for comprehensive communication and better exchanges:
These products are available in various formats :
You can also take advantage of an online User Interface to simplify and automate writing and sending by regular mail (individual deliveries or in bulk) to a storage sharing server.”
“AFSMD offers you art directors, designers and certified illustrators for all of your graphic design projects :
These are all subject to rates adjusted based on your needs and expectations.”
“Get in touch with our PRINT professionals and order the following packages :
Custom rates, fast delivery and completion.”
Please fill out the information below to be contacted in case a newly registered trademark is similar to yours.
Frequently Asked Questions with Susan
”By clicking on this link, you’ll generate the invoice associated with a payment by check. All of the instructions are in the document. After receipt of the check by our services, you’ll be informed by mail.” ”The trademark rapport gives the current position of the trademark in its business sector. It will be complete following surveillance activation. It is incredibly important to study it closely. Don’t hesitate to contact Alexander about this topic.” ”Alexander is your level two AFSMD advisor. He puts in place all the necessary elements for you to attain your goals. Click here to see.” “Surveillance activation is done based on the database information provided during the registration of your trademark. We monitor all new French (INPI), community (OHIM) and international (WIPO) trademark registrations.” ”When a trademark similar to yours is registered, you’re notified by alerts. After having gathered information on the trademark imitating yours, the decision on whether to take action against this enw trademark is entirely up to you.” ”Recommended! By clicking this button, you’ll have immediate access to bank card payments. The fees amount to 189 00€TTC by a 3Dsecure transaction. The accounting document associated with invoicing will be sent to your contact email. Click here for access.” « By clicking this button, you’ll be able to edit an accounting document associated with a payment by check. The fees amount to 189,00€TTC. The instructions related to this mode of payment are in the document. Click to see.” “By clicking this button, you’ be able to edit an accounting document associated with payment by bank transfer. The fees amount to 189,00€TTC. The instructions related to this mode of payment are in the document. Click to see.” ”Class studies are essential to strengthen strategic decision-making and position one’s trademark toward market trends. Following surveillance activation, we interpret all of the results. Click to see.’ « The study of similar already registered trademarks allows you to assess the originality of your trademark. This also allows you to chart similar trademarks in your sector and to activate, if necessary, additional surveillance. Click to see.” « A location-based study is optimal following surveillance activation. It’s the product of the assessment of information from various sources. This study must be conducted by your council.” ”A personalized study can be conducted on demand, it’s a personalized study of specific information. It is the product of the cross-assessment of various sources of information. Don’t hesitate to contact Alexander on the topic.”
”Hello, I’ll help you find the most qualified experts, the best prices on the market for all of your trademark projects.”
Professional Experience :
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Joined AFSMD to have unique professional experiences
Take advantage of direct and easy access to the most in-demand services with your Virtual Assistant, Susane.
Other surveillance questions
”The territorial scope of surveillance covers registrations of:
- European Trademarks (namely, those registered at the Office for Harmonization of the Internal Market).
- French Trademarks (namely, those registered at the Institut National de la Propriété Industrielle).
- International Trademarks (namely, trademarks targeting France and registered at the World Intellectual Property Organization following the Madrid system).”
”Remember that AFSMD possesses the technical resources necessary to detect verbal, visual and phonetic similarities existing between your monitored trademark and a newly registered trademark. I’d also like to clarify that starting from the publication of the new trademark, you have 2 months to take action by forming an opposition against a French trademark or an international trademark targeting France (3 months against a Community Trademark).
Due to the constraints imposed by this time frame, you’ll have to undertake uncertain judicial action within 5 years, a long and costly process for the owner of the trademark.”
”I’ll clarify the state of the law surrounding this issue. An infringement on your rights includes, for example, an imitation or a total or partial reproduction of verbal, visual, or audio elements of your trademark.
For example, if you have registered the “CLAIR DE LUNE” trademark for clothes, you could oppose the registration of a subsequent trademark named “ÉCLAIR DE LUNE” for clothes.”
”I’ll clarify the state of the law surrounding this issue. A trademark conflict as a result of an opposition formed by the owner of a preceding trademark whose trademark was imitated by a subsequent trademark.
Hypothetically, if AFSMD detects the registration of a trademark similar to yours, you’ll be alerted and can take action in time to form an opposition against the registration of the subsequent trademark and its associated products and service.”
”You want to get to know the operating methods of diligent opposition procedures before the Director General of the INPI.
I’ll clarify the state of the law surrounding this issue. Following a court referral by the Director General of the INPI by the owner of a subsequent trademark, a contradictory procedure begins. If the file is complete and normal, INPI informs the person registering that an opposition was formed against their demand for registration. The person registering the subsequent trademark has 2 months to present their observations and respond to the opposition.
The person registering the trademark can also ask the opposing party for proof of the use of their trademark, if it’s been registered for over 5 years. INPI then notifies the opposing party of a deadline in which they have to provide proof of use. If they don’t provide proof of use, the opposition is closed. (N.B. if the trademark hasn’t been extensively used in the past 5 years, the owner of the preceding trademark can lose, even just partially, their rights on the trademark).
If the person registering the trademark doesn’t respond to the opposition, INPI makes a decision.
If the person registering the trademark responds to the opposition, INPI makes a draft decision based on the arguments presented by the two conflicting trademark representatives.
Failing response from the Parties regarding the Director of the INPI’s draft, the latter makes a decision based on the latest received information. Failing further response, the draft is the decision.
The opposition is deemed rejected if it isn’t ruled within a 6 month deadline. However, this deadline can be extended:
The person registering the trademark can ask for a trademark to be registered in spite of the opposition if they justify that this registration is indispensable to the protection of an overseas trademark.
If the opposition is later recognized as founded, the registration decision is then completely or partially modified”
”I’ll clarify the state of the law surrounding this issue. Regarding trademark law, the opposition time frame is very short: 2 months for an opposition against a French trademark or an international trademark targeting France; 3 months against a community trademark.
If you don’t file your opposition in the tight deadline, the subsequent trademark that resembles yours partially or completely will be registered.”
« I’ll clarify the state of the law surrounding this issue. Failing to take action in the 2 months following the publication of the subsequent trademark (3 months for a Community Trademark) and if the subsequent trademark is causing your problems and hurting your monopoly, you should take action with judicial pursuits in High Court (exclusively dealing with trademarks).
This procedure should absolutely be done with the assistance of lawyer specialized in trademark law. Finally, you have a 5-year deadline to begin this procedure starting from the registration of the subsequent trademark, failing which your action will be inadmissible and (other than the 5-year deadline) if the trademark is registered in good faith.”
”Trademarks are a distinctive sign that allow consumers to distinguish an organization’s product or service from similar organizations.
A trademark is materialized by a formal title, an expression, a word or symbolic visuals.
Trademarks constitute protected intellectual property rights.»
”As you know, at the national or regional level, trademarks are protected by registration, undertaken by your national or regional trademark office.
At the European level, you should register with OHIM.
At the global level, there are two options :
”I’ll clarify the state of the law surrounding this issue. You can register a word, a term or a combination of words or terms, letters and numbers. In that case, you would have a verbal trademark.
There are also representational trademarks, such as drawings, symbols, three-dimensional elements such as the shape and packaging of products, non-visible signs such as sounds or smells, or even colours as distinguishing marks.”
”For your projects, AFSMD offers you advisors, project managers, art directors and engineers, bringing you the best expertise.
Don’t hesitate to contact a trademark advisor who will put together a collaborative project with professionals specialized in the field in question.”