We Offer Strategic Legal Services
Trademark Search and Availability Check in France
Before filing your trademark, ensure it’s legally safe and distinctive.
Our French and EU intellectual property lawyers conduct comprehensive trademark availability searches across official databases, analyze legal risks, and provide a clear opinion on registrability — so your filing is secure from the start.
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What is Trademark Search and Availability Check in France?
A trademark availability check (or clearance search) determines whether your proposed name, logo, or slogan can be safely used and registered.
It identifies identical or similar earlier marks and other potential legal conflicts in France, the EU, or internationally.
This step is crucial before filing a trademark application: it avoids costly objections, oppositions, or infringement claims.
Our legal team performs structured searches through the INPI, EUIPO, and WIPO databases, then delivers a legal risk assessment and practical guidance for your filing strategy.
Main Advantages :
Risk prevention: detect conflicting trademarks or pending filings before investing in branding.
Comprehensive coverage: searches across France, the EU, and international databases.
Legal assessment: results reviewed and interpreted by trademark lawyers, not automated tools.
Filing strategy: recommendations on wording, classification, and territory to maximize success.
Peace of mind: secure your name knowing it’s unique, distinctive, and defensible.
A thorough search today saves time, legal costs, and reputational damage later.
How we Conduct a Trademark Search and Availability Check ?
Our method is systematic, combining legal expertise with professional search technology to ensure reliability and precision.
Collecting Basic Information
We start with your proposed trademark (word, logo, or slogan), the intended goods and services, and target markets (France, EU, or beyond).
Database Search and Analysis
Our team runs identical and similarity searches in the official databases (INPI, EUIPO, WIPO), including phonetic, figurative, and conceptual matches.
Legal Review
Every result is analyzed by a trademark lawyer to assess the likelihood of confusion, distinctiveness, and registrability.
Written Report and Opinion
We provide a clear report explaining detected risks, our legal interpretation, and practical filing options. The report categorizes each risk (low, medium, high) for easy decision-making.
Strategic Recommendations
We advise whether to proceed, modify, or redefine the mark or its goods/services — and can prepare your EU or French filing accordingly.
Why Choose FrenchCo.lawyer?
Our trademark searches are not automated summaries — they’re lawyer-led analyses based on years of intellectual property practice. Each report is prepared by registered French and EU trademark attorneys, supported by experienced paralegals, ensuring compliance, accuracy, and strategic insight. We bridge legal precision with business practicality — protecting your brand from the very first step.
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What We Need From You to Perform a Trademark Search ?
To deliver a precise and relevant assessment, we’ll simply ask you to provide:
Trademark Information
The name, logo, or slogan you plan to register (with any visuals or design files).
Territories of Interest
Whether you intend to protect the mark in France, across the EU, or internationally.
Goods and Services
List of products or services under which the trademark will be used — our lawyers can refine your classification under the Nice system.
Existing Use (if any)
If you already use the mark, examples such as packaging, websites, or marketing material help us assess priority and potential conflicts.
And Then?
Once we receive your details, our legal team immediately performs the search and delivers a full availability report with our written legal opinion. You’ll know exactly whether your mark is available, what risks exist, and what steps to take for a successful filing in France or the EU.
Conduct a Trademark Search – Simple Process, Clear Budget
Flat legal fee starting from €399 excl. taxes* (includes comprehensive identity and similarity checks in French, EU, and WIPO databases)
Additional optional costs: extended international searches or specific jurisdiction reports upon request
No hidden extras, no unexpected charges
Our commitment:
No automated or superficial results
No reseller intermediaries
Only verified legal analysis
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Why Choose Us?
We Believe in Accurate, Lawyer-Led Trademark Searches
Thorough and reliable analysis: From database research to conflict assessment, we ensure every mark is carefully verified.
Legally compliant documents: Each step follows INPI, EUIPO, and WIPO standards for accurate trademark availability checks.
Detailed legal reporting: You receive a clear opinion on risks, identical marks, and potential oppositions before filing.
High professional standards: All work is conducted and validated by licensed French IP lawyers, ensuring precision and legal reliability.
Let us handle your trademark search with precision —
so you can focus on protecting and building your brand.
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Understanding Trademark Search and Availability Check
Can anyone conduct a trademark search in France or the European Union?
Yes. Any individual or company, whether based in the EU or outside, can request or perform a trademark availability check before filing a trademark application.
However, to ensure legal accuracy and complete coverage, searches are generally carried out by specialized IP lawyers or professional trademark attorneys, since official tools (INPI, EUIPO, WIPO) require legal interpretation beyond simple name matches.
1. Searches Conducted by Applicants Themselves
Anyone may access public databases — such as the INPI (France), EUIPO (European Union), and WIPO (Madrid System) — to look up existing trademarks.
However, such tools only reveal identical or nearly identical marks. They do not assess similarities, phonetic equivalents, conceptual overlaps, or legal registrability risks, which often require expert analysis.
2. Searches Conducted by Lawyers or Trademark Attorneys
Professional representatives combine database queries with legal evaluation under EU and French trademark law.
They determine not only whether your mark appears free but whether it is distinctive, non-descriptive, and unlikely to conflict with earlier rights.
3. Foreign Applicants
Foreign companies or individuals may freely request a trademark search.
If they later file a European Union Trademark (EUTM), non-EU applicants must appoint a qualified representative before the EUIPO, but no representation is required for the search itself.
4. Strategic Importance
A lawyer-led search is the first line of defense against refusals, oppositions, and infringement claims — protecting both your filing budget and your future brand investment.
What types of trademarks are analyzed in a search?
Lawyers examine all potentially conflicting signs, not only identical names.
This includes:
- Word marks: identical or similar spellings and pronunciations.
- Figurative or logo marks: visual similarities or shared dominant elements.
- Combination marks: mixed text and graphic components.
- Series or family marks: marks sharing the same prefix, suffix, or concept.
- International marks: designating the EU or France under the Madrid system.
The analysis extends to both identical and confusingly similar signs, since EU and French law protect earlier marks against “likelihood of confusion” — not just identical copies.
What is the Nice Classification and why does it matter for searches?
The Nice Classification is the international system dividing goods and services into 45 classes.
Trademark protection applies only to the classes listed in your filing — and conflicts arise when two marks cover similar or overlapping goods/services.
For example, a similar mark in Class 25 (clothing) may block a new application in Class 25, but not in Class 9 (software), unless the goods are commercially related.
A proper availability search identifies which classes are affected and whether your trademark can coexist with others under EUIPO practice.
Can descriptive or generic terms be protected as trademarks?
Generally, no.
Marks that describe the goods or services (e.g., “PURE WATER” for bottled water) or that are generic cannot be registered under EU and French law.To be registrable, a mark must be:
- Distinctive (identifies the source),
- Not descriptive,
- Not deceptive, and
- Not contrary to public policy or morality.
During a search, we also check for absolute grounds for refusal, helping you adapt your mark before filing — for example, by adding distinctive elements.
- Distinctive (identifies the source),
How long does a trademark search take?
Turnaround depends on the depth and scope:
- Basic identical search (France): 24–48 hours
- Full availability search (France + EU): 3–5 business days
- Extended global search (WIPO + major national offices): 7–10 business days
Our written opinion is delivered once all data has been reviewed by an IP lawyer, ensuring the analysis is both legally sound and business-oriented.
Why is a trademark availability search essential before filing?
A comprehensive availability search ensures that your proposed mark can be registered and used safely.
It identifies potential conflicts with existing trademarks, similar commercial signs, and legal barriers under EU and national law.
Without this step, a new filing may face:
- Refusal by the IP office (for descriptiveness or conflict with prior marks),
- Opposition by earlier right-holders, or
- Infringement litigation, possibly requiring rebranding.
A €490 search can prevent thousands of euros in opposition or litigation costs and months of delay.
What databases are used for a trademark availability check?
A proper search covers multiple official and private databases to ensure full coverage:
- INPI Database (France): national trademarks and designations through international filings.
- EUIPO Database: European Union Trademarks valid in all 27 EU Member States.
- WIPO Madrid Monitor: international marks designating the EU or France.
- National registers of key Member States (Germany, Spain, Italy, Benelux, etc.) if needed.
- Unregistered rights sources: company names, trade names, domain names, and social media handles.
A professional search combines exact match, phonetic, visual, and conceptual filters for word and logo marks alike.
How is the legal risk assessed after a trademark search?
Search results are interpreted by a qualified IP lawyer, who prepares a written legal opinion summarizing:
- The presence of identical or similar earlier trademarks,
- The degree of similarity (visual, phonetic, and conceptual),
- The proximity of goods/services under the Nice Classification, and
- The estimated risk level of refusal or opposition.
Each potential conflict is graded as:
- Low risk: the mark is likely registrable,
- Moderate risk: adjustments or limitations may be needed,
- High risk: registration or use would likely be blocked or challenged.
This evaluation helps you decide whether to proceed, modify, or abandon a filing project.
What if my trademark already exists or is too similar to another?
If a conflicting mark is found, you have several legal and strategic options:
- Modify the mark: change its wording, design, or elements to create distinctiveness.
- Limit the goods/services: restrict your specification to avoid overlapping with existing rights.
- Seek a coexistence agreement: negotiate consent from the prior trademark owner.
- Choose a different mark: sometimes the safest and fastest path.
A lawyer’s opinion will help you identify the most cost-effective option to preserve your timeline and budget.
Does a French search cover the whole European Union?
No.
A French search (INPI) covers only national marks and international registrations designating France.
To ensure EU-wide protection, you must include a European Union search at the EUIPO, which covers all 27 Member States simultaneously.
In practice:
- National filing: conduct an INPI search.
- EU-wide filing (EUTM): conduct EUIPO and WIPO searches.
- Global protection: extend via Madrid System search (WIPO).
Our firm routinely combines multi-jurisdictional searches for France, the EU, and other major markets.
Check Your Trademark Availability
Let our French lawyers & IP specialists handle the full search for you.
More About Trademark Search and Availability Check
Can I search trademarks myself?
Yes, but professional searches go deeper — identifying identical, similar, and phonetically close marks that public tools may miss.
What databases are checked?
We examine INPI (France), EUIPO (EU), and WIPO (international) databases to ensure complete coverage across jurisdictions.
Do I need a lawyer for a trademark search?
Yes, to interpret results correctly and assess legal risks before filing. A lawyer identifies conflicts and advises on safe options.
How long does a trademark search take?
A comprehensive search and report are typically completed within 2–3 business days, depending on the mark’s complexity.
Can the process be done remotely?
Absolutely. We handle everything online — from your request to the final legal report — no physical presence required.
What are the typical costs?
- Fees depend on the number of classes and territories checked, with flat rates starting from €299 excl. taxes for a French search.
What about EU and international checks?
You can extend the search to EUIPO or WIPO to assess risks in broader markets before filing in multiple countries.
Can I modify my trademark after the search?
Yes. Based on our legal opinion, you can adjust your mark’s wording, logo, or scope before filing to avoid potential conflicts.
