Practical guide

The trademark prior-rights search

Before filing a trademark, you check that no prior right stands in the way. That is the prior-rights search. Here is what it covers, what it does not, and how to run it.

Why it is essential

INPI registers a mark without judging its availability. If a similar earlier mark exists, its owner can start an opposition, then an infringement or invalidity action. A prior-rights search reduces this risk by surfacing it before filing — never by guaranteeing that a mark is “free”.

The three levels of search

Identical search

Looking for a strictly identical mark in the same classes. Fast, but far from enough: most oppositions rely on similarity, not an exact copy.

Similarity search

Widening to marks that are close visually, phonetically or conceptually. This is the heart of a real prior-rights search — and what our pre-diagnostic automates.

Unregistered prior rights

Company name, trade name, domain name, copyright: these rights can also block a filing without appearing in the trademark register. They require additional searches.

The method, step by step

Define the sign and activity

Note the exact name you have in mind and describe precisely the goods and services concerned.

Identify the NICE classes

Link your activity to the NICE classification. A mark is only protected in its classes.

Search for close marks

Compare the sign to existing marks on the three similarity axes, first in your classes and neighbouring ones.

Assess the risk

Estimate the likelihood of public confusion. When in doubt, have the file analysed by a professional.

The role of the MarqueCheck pre-diagnostic

Our tool automates the most tedious part — searching for visual, phonetic and conceptual similarities in the INPI register — and returns an immediate risk level. It is a solid, reproducible starting point, to be completed by human analysis before any filing. To go deeper, read our complete guide.

Start with a pre-diagnostic

In 30 seconds, place your project on a risk scale before spending anything.

Check my trademark

This content is informational. It is not legal advice nor a guarantee of availability.