The method for checking trademark availability in France
- Baptiste Piljan
- Jan 16
- 4 min read
Updated: Feb 28
Before registering your trademark at the Institut national de la propriété industrielle (INPI), you need to make sure that it is available, i.e. that it has not already been registered by someone else to designate goods or services identical (or similar) to those you intend to commercialize.
This operation, although complex, must be carried out before each trademark application, given the risks that an unprepared application may involve.
Summary
Want to check the availability of your trademark?
Read the explanations below to find out how to make sure it's available and can be registered at INPI.
Why check trademark availability?
To be validly registered at the INPI, a trademark must meet several conditions: it must be distinctive (it enables consumers to identify the commercial origin of the goods and services it designates), not deceptive (it is not likely to mislead consumers), lawful (it complies with public policy) and available (it does not infringe a third party's prior right).
Once you have filed your trademark application, and before final validation of the registration, INPI will check that these first three conditions have been met.
This is not the case for availability.
Your trademark can be registered even if it is not available. This presents a major risk, as holders of prior rights to a trademark identical (or similar) to yours may take action against you on several grounds:
Opposition to registration: within 2 months of publication of your application for registration in the Bulletin officiel de la propriété industrielle (BOPI), third parties may oppose the registration of your trademark. If the opposition is successful, your trademark will not be registered and the fees you have paid to INPI will not be reimbursed.
Trademark nullity action: once your trademark has been registered, third parties holding a prior right may take action to nullify your trademark, which will then be considered as never having been registered.
Infringement action: if someone else owns an identical (or similar) trademark to the one you have registered to designate identical (or similar) goods or services, they can bring an infringement action against you, seeking to prohibit you from using your trademark and order you to pay damages.
It is therefore essential to check the availability of your trademark before registering it.
Given the complexity of this operation and the risks involved, it is strongly recommended to call on the services of a competent professional, such as a lawyer or a patent attorney.
Don't hesitate to contact the firm for assistance with your trademark registration project.
If, however, you would like to check the availability of your trademark yourself, you may follow the advices below.
How to check the availability of a trademark?
The French Intellectual Property Code lists all the prior rights that your trademark must not infringe. It is therefore with regard to all these prior rights that you should check that your trademark is available:
The registered trademarks
Renowned trademarks
The INPI and EUIPO (TM view) databases provide access to trademarks registered in France, in the European Union and worldwide, and to the products and services for which they have been registered.
You may start with an identical search, i.e. identify earlier trademarks identical to yours and registered for goods and services identical to those your trademark will designate.
If such trademarks already exist, your brand may not be available, and a registration is likely, under certain conditions, to present a certain risk.
A similarity search is also highly recommended. It searches for:
Identical trademarks that designate goods or services similar to those that your trademark will target.
Similar trademarks that designate goods or services identical to those for which your trademark will be registered.
For these similar trademarks, you'll need to analyze their degree of similarity to yours from a visual, orthographic, phonetic and conceptual point of view.
It's a complex exercise, which is why it's highly recommended to be accompanied by a qualified professional.
Once this has been done, you also need to examine :
Corporate names, trade names and signs
The INPI company database provides many information on companies registered in France.
Domain names
Here you can consult whois and search the major search engines to identify any previous domain names.
Geographical indications (appellations of origin, geographical indications)
Copyright
Designs and models
Individual personality rights (family name, pseudonym, image, etc.)
The name, image or reputation of a local authority (cities, departements and regions) or public entity
Would you like to register a trademark at INPI?
The firm accompanies you through the filing procedure. It will take all the necessary steps on your behalf and send you all the official documents.
Fees on quotation: the cost depends on the number of classes in the repository and any optional extras. Availability search is optional.
Contact the firm for professional, personalized advice on registering your trademark.
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