
Why conduct trademark clearance searches before filing a trademark?
Filing a trademark is a crucial step in protecting the identity of your business, products or services. However, before taking this step, an essential process must be undertaken: a prior trademark clearance search.
What is a trademark clearance search?
A trademark clearance search involves verifying whether the trademark you wish to file is already in use or registered by another party for similar products and services. Its purpose is to prevent conflicts with prior rights, whether it is registered trademarks, trade names and corporate names.
Why is it necessary?
- Prevent costly legal disputes
If your trademark infringes the rights of a prior registered trademark, you could face opposition proceedings through the INPI (French trademark office), lawsuits, compensation claims, or even be forced to terminate the use of your trademark. These consequences can result in significant financial costs and a major waste of time for your business.
- Guarantee the longevity of your trademark
A trademark validated through a prior trademark clearance search provides legal security. It enables you to develop your business activities with confidence, without fear of having to modify or abandon your trademark in the future.
- Strengthen the credibility of your project
A unique and well-protected trademark boosts trust among your partners and customers. It reflects your professionalism and commitment.
How to conduct a trademark clearance search?
This process can be long and complex as it involves analyzing:
- National and international databases of registered trademarks;
- Trade names and corporate names in use;
- The existence of a likelihood of confusion with similar trademarks, even if they are not identical.
As intellectual property lawyers, we can support you in this crucial milestone.
With our expertise, we conduct thorough searches and advise you on the best strategies to secure your trademark filing.
A key piece of advice for a successful trademark filing:
Do not appraise a trademark clearance search as a simple and mere formality. It is the bedrock of protecting your rights and a true safeguard for the future of your business.
Contact us today to ensure the protection of your project!