In a competitive economy, a trademark represents far more than a name or logo. It embodies your company’s identity, its reputation and the value of its products and services. A strong trademark lets you stand out in a saturated market, build customer loyalty and strengthen your company’s credibility with partners and investors. For many growing companies, filing a trademark also enhances the value of their intangible assets in the eyes of investors.
Yet many companies still use a distinctive sign without having carried out an official trademark filing. This may seem harmless in the early stages of business, but it represents a significant legal risk in the medium and long term. Without protection, a company may lose the use of its trade name or be forced to change its visual identity if a third party holds a prior right.
Without legal protection, this sign can be used by a competitor or challenged. Filing a trademark with the INPI (the French National Institute of Industrial Property) grants an exclusive right of exploitation and durably secures your intellectual property.
Whether you are a start-up, an SME or an international group, filing a trademark is a strategic step to protect your commercial identity and enhance the value of your intangible assets. A registered trademark also becomes a genuine lever for economic development, as it can be licensed, assigned or valued as part of a fundraising round.
Before any trademark filing, a prior art search is strongly recommended. This step checks whether an identical or similar sign is already registered for identical or similar goods or services.
A trademark must not create a risk of confusion with an already protected trademark. If it does, the holder of the prior right may bring opposition proceedings or an infringement action. A thorough search therefore makes it possible to anticipate these risks and adapt the filing strategy.
A trademark lawyer can also analyse the risks linked to the classes of goods and services in order to optimise the scope of the protection sought.
According to the EUIPO, more than 150,000 EU trademarks are filed every year. In such a competitive environment, filing a trademark without prior preparation can expose the company to administrative or strategic obstacles.
This search may cover several elements:
identical trademarks already registered;
similar trademarks likely to create confusion;
existing trade names or domain names;
trademarks filed in related international classes.
A cosmetics company wanted to launch a new product range under a brand-new name. A prior art search conducted before filing identified a similar trademark registered in the same class of goods. The name was adjusted before filing, avoiding an opposition and securing registration (client case).
Immediate ROI: avoid oppositions and secure your rights
A secure trademark filing represents a strategic investment for the company. Anticipating these difficulties before filing a trademark often makes it possible to avoid costs well above the filing fee itself.
Once a trademark is filed with the INPI, it is officially published. Holders of prior rights then have a period within which to challenge the filing if they consider that the sign infringes their trademark. An opposition can delay the procedure by several months and generate significant legal costs. In complex proceedings, the involvement of an intellectual property lawyer can help effectively defend the applicant’s interests.
By carrying out a prior art search and a legal analysis of the sign in advance, it is possible to identify risks and adapt the filing strategy. This approach secures the trademark’s protection and optimises the chances of obtaining final registration.
Do not lose your rights over your distinctive sign
Every day without protection exposes your business to counterfeiting
An unfiled trademark does not benefit from the specific protection of trademark law, although other legal grounds may exist. In that case, a competitor could file an identical or similar trademark and obtain an exclusive right, preventing the original company from using its own name.
This type of situation can have serious consequences: a change of name, changes to marketing materials, loss of recognition or costly legal disputes.
According to the OECD, counterfeiting represents around 5.8% of world imports, demonstrating the importance of protecting one’s intellectual property assets.
A registered trademark makes it possible to:
prevent the use of similar signs;
protect your commercial identity;
take legal action against infringers;
strengthen your company’s credibility in the market.
Fast-track solution: online filing completed and publication underway
Today, the INPI trademark filing procedure can be carried out online, making it possible to quickly secure rights over a distinctive sign.
Once filed, the trademark is published in the Official Bulletin of Industrial Property (BOPI). This publication marks the start of a period during which third parties can bring opposition proceedings.
If no opposition is filed and the application meets the legal criteria, the trademark is registered and benefits from protection for 10 renewable years.
An industrial SME secured its trademark a few weeks before launching a new product on the European market. When the trademark was published, a competitor attempted to file a similar sign. Thanks to the initial filing and official publication, the company was able to effectively defend its distinctive sign (anonymised client case).
Join the businesses that protect their trademarks with us
Proven method: nearly all of our filings are registered
A successful trademark filing rests on a structured methodology. Protecting a distinctive sign is not limited to filling in an administrative form: it requires legal and strategic analysis. Successfully filing a trademark therefore depends as much on the quality of the preparation as on the procedure itself.
This approach generally includes:
an in-depth prior art search;
the strategic selection of classes of goods and services and their precise wording (specification);
the precise drafting of the filing application;
monitoring of publication;
management of any oppositions.
Thanks to this method, filings carried out within a strategic framework significantly increase the chances of registration.
The main benefit of a trademark filing is obtaining an exclusive right of exploitation over a distinctive sign.
This right allows the company to use the trademark for its goods and services and to prevent competitors from using, in the course of trade and for identical or similar goods/services, a similar sign likely to create confusion.
A registered trademark is also a strategic asset. It can be:
commercially exploited;
licensed to partners;
assigned as part of a merger or acquisition;
valued as part of a fundraising round.
In some sectors, the value of a trademark can represent a significant share of a company’s intangible capital.
According to an EUIPO study, companies holding intellectual property rights generate 23.8% more revenue per employee than those that do not.
define the sign to be protected (name, logo, slogan);
select the classes of goods and services according to the Nice international classification;
provide company information;
pay the filing fees.
The choice of classes is a strategic step, but above all, the definition of the goods and services within those classes matters. Protection that is too limited could leave room for competitors to exploit a similar sign in a related sector.
Publication and final registration
After filing, the trademark is published in the Official Bulletin of Industrial Property. This publication opens a period during which holders of prior rights can bring opposition proceedings.
If no opposition is filed and the application complies with the requirements, the trademark is registered and benefits from protection for 10 years, indefinitely renewable.
For companies with international ambitions, it is also possible to extend protection via an international trademark or an EU trademark. Companies planning an expansion abroad therefore have an interest in filing a trademark with a long-term development strategy in mind.
Gevers, expert in trademark filing
Recognised legal expertise in intellectual property
Gevers, an intellectual property firm, supports companies in protecting their trademarks, from the search through to registration.
Comprehensive support from search to registration
Our experts define a protection strategy tailored to durably secure your intellectual property rights.
The filing is done online on the INPI website. You need to define the sign, select the classes of goods and services and pay the filing fees.
What are the conditions for filing a trademark?
The main risks concern counterfeiting, the unauthorised use of protected data and uncertainty over the ownership of rights.
How much does it cost to file a trademark?
The cost of filing a trademark with the INPI, excluding support from an industrial property adviser, generally starts at around EUR 190 for one class, with a supplement for each additional class.
