Pre-filing checks: what to verify before registering a trademark
Nice classes, INPI or EUIPO, distinctiveness, prior rights search: the essential checks before filing a trademark.
Trademark filing is a foundational step for your project. It must be done correctly. Before considering the form of filing, choose a specific type of mark.
Each class covers different goods or services. The list is available on the INPI website or the WIPO website. Filing under a class heading alone does not protect the entire class (IP Translator decision). File for goods and services you actually exploit: five years after filing, a third party may seek revocation for non-use (Article L714-5 of the French Intellectual Property Code).
The choice depends on your commercial strategy. If you intend to sell outside France, an EU mark may be more advantageous. A French filing can later be extended via the priority right. For the comparison, see the article on French vs EU trademark.
The filing criteria (Articles L711-1 ff.) require the mark to be distinctive, non-deceptive, lawful and consistent with public policy. Distinctiveness means the mark must be sufficiently distant from the goods or services it designates. A descriptive, generic or shape mark will be refused. For refusal cases, see the article on descriptive trademarks.
The examiner does not check availability: it is for third parties to oppose. Verify whether an identical or similar mark exists for identical or similar goods or services. Search the INPI and EUIPO databases. For a more thorough search (phonetic and spelling variations), engage a professional. If a prior mark exists, the risk is opposition or infringement proceedings. Once filed, you can monitor competitor filings. For the full process, see the trademark filing guide and the intellectual property services page.
Checking registrability and availability before filing is essential to avoid costly financial and operational consequences. If you would like to secure your filing, book a call.
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