Prior art search and freedom of use

A prior art search makes it possible to check the availability of a sign whose protection is sought. It is very important to verify and ensure that no one owns prior rights on the sign in France, in the European Union or in any other place in the world, that may hinder or limit your freedom to use your products or processes that could be associated with it. Thus, this approach has a preventive nature.

Although this is not a compulsory formality, a prior art search appears as an indispensable prerequisite for filing a trademark or another distinctive sign.

The question of risks logically leads to measuring the benefits.

The research makes it possible to assess and reduce the possibility of a refusal or an opposition issued by an industrial property office or a third party, against your application. Any identified legal risk may subsequently have significant financial consequences.

There are two specific types of research:

• Searching identical trademarks: It enables the identification of identical trademarks registered or registered for identical and/or similar products and/or services. The results of this research identify risks to the highest degree.

• Searching similar trademarks: it allows you to identify trademarks that are particularly similar to the one you are planning to file, but that are not entirely identical.

In the long term, a prior search implies an analysis, a survey of use and, if necessary, the development of a strategy to overcome any obstacles to your repository projects.

In the digital age, this research is becoming increasingly complex and requires the help of a professional.