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Utility of searching and watching among trademarks

Anteriority search before filing a trademark

A trademark, to be valid, should not infringe earlier rights, such as a trademark, an industrial design or model, a company name, a copyright, a domain name, etc. (Article L711-4 of the French Intellectual Property Code).

It is therefore highly recommended to check the availability of a trademark before its filing by performing an anteriority search.

Without performing such a search before filing, the risk to have an opposition filed against the registration of your trademark becomes higher.

Furthermore, as the French Patent and Trademark Office does not check the availability of signs before their registration, invalidity proceedings on the grounds of lack of novelty or even civil infringement proceedings can be engaged against a registered trademark.

Watching trademark publications

Watching trademark publications allows to keep you informed on the filings of trademarks identical or similar to your sign, so that you have the possibility to file oppositions against such trademarks in due time to enforce your rights.

Anteriority search before filing an opposition

It is also recommended to perform a search before filing an opposition against a trademark registration. Indeed, the applicant can be the owner of another prior right and engage infringement proceedings against your trademark in response to the filing of your opposition.