7 July, 20266 min. read

Protect a trademark: secure your rights and your business

A trademark is a strategic asset for any business. It identifies products and services, sets a company apart in the market and builds a positive image among consumers. Yet many companies still fail to protect their trademark legally, exposing themselves to considerable risk.

Nowadays, intangible assets represent a significant share of company value.

According to the Ocean Tomo study, close to 90% of S&P 500 companies’ value rests on intangible assets, including trademarks and other intellectual property rights, underlining their strategic role in value creation.

Protect your trademark with a Gevers expert

Protect your trademark with an effective legal strategy

Secure your distinctive sign and your rights

Protecting a trademark means securing a distinctive sign (a name, a logo) to prevent any unauthorised use. Filing grants an exclusive right of exploitation for defined goods and services.

An effective strategy rests on:

– a prior search
– a coherent filing
– active monitoring
– defence in the event of a dispute.

According to the INPI, 93,081 trademark applications were filed in France in 2023, illustrating the intensity of competition and the importance of securing one’s sign.

Why protecting a trademark is essential

Avoid the risks of copying and counterfeiting

A sign can, in practice, be copied or imitated whether it is protected or not. However, once it benefits from trademark protection, its holder has specific and generally more effective legal remedies to stop infringements, particularly where there is a risk of confusion for consumers, thereby preserving the sign’s value for the business.

According to a joint OECD-EUIPO report, imports of counterfeit goods into the European Union represent around EUR 119 billion, close to 4.7% of total imports, highlighting the scale of the phenomenon.

The consequences can be severe:

loss of revenue;
damage to reputation;
unfair competition.

A cosmetics company noticed a competing product appear using a name very close to its own. Thanks to a prior trademark filing, it was able to take swift action and put a stop to the infringing use (anonymised client case).

Trademark filing and registration with the INPI

Key steps to protect your trademark

Filing a trademark with the INPI (the French Intellectual Property Office) is an essential step in securing your rights.

The main steps are:

defining the sign;
selecting the classes;
filing online;
monitoring publication;
obtaining registration.

In practice, registration in France takes on average between 4 and 6 months, provided there is no opposition from a third party and/or no objection from the INPI.

Prior art search and availability

Check your trademark before filing

The prior art search is a key step to check the availability of a trademark before filing.

It helps identify:

identical and similar trademarks;
the risk of opposition;
potential conflicts.

A thorough prior art search identifies not only identical trademarks but also similar signs likely to create a risk of confusion. It draws on INPI and EUIPO databases (and other trademark registers depending on the scope of the search), as well as an analysis of existing company names, trade names and domain names.

Without this step, a company is exposed in particular to opposition or to an invalidity action that could jeopardise its entire trademark strategy.

An industrial SME wanted to launch a new activity under a distinctive name. A prior analysis revealed a risk of confusion with an existing trademark. The name was adjusted before filing, avoiding a potential dispute (client case).

Classes of goods and services

Define the scope of protection

The choice of classes is based on the Nice international classification, which comprises 45 classes covering all goods and services. A poor selection can limit the scope of protection or leave openings for competitors.

It is therefore essential to adopt a strategic approach, identifying the relevant classes and goods and/or services, while also anticipating future developments in the business.

A sound strategy involves:

covering current activity;
anticipating future development;
avoiding legal gaps.

A poor choice of classes can limit the effectiveness of protection and expose the business to risk.

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National, European Union and international protection

Extend your rights across multiple territories

Trademark protection can be extended at several levels depending on the needs of the business:

– internationally (WIPO);

– nationally (INPI);

– at European Union level.

The choice depends on the target markets and the development of the business. Without protection in certain countries, a third party may register the trademark locally and block its use.

Mechanisms such as the EU trademark or the Madrid system make it possible to consolidate procedures and ensure consistent protection across the European Union and internationally. It is therefore crucial to adopt a global strategy to durably secure intellectual property rights.

Trademark monitoring and defence

Detect infringements and act quickly

Once the trademark is registered, it is essential to set up monitoring.

This approach helps:

detect identical and similar filings;
anticipate risks;
act quickly and generally at a more reasonable cost.

A swift reaction is often decisive in protecting one’s rights.

Opposition and dispute management

Defend your rights against competitors

Opposition proceedings make it possible to block the registration of an identical or similar trademark.

They are an effective lever to:

defend your rights;
prevent infringement;
protect your market.

A food industry SME detected a competing trademark upon its publication. A swift opposition prevented its registration (anonymised client case).

Gevers, expert in trademark protection

Comprehensive intellectual property support

Gevers supports companies in protecting their trademarks and intellectual property.

Our experts work on:

– research
– filing
– geographic expansion strategy
– monitoring
– dispute management

With a comprehensive approach, we protect your assets while increasing the value of your business. This expertise allows us to support start-ups as well as SMEs and large international companies in securing and enhancing the value of their trademarks.

Conclusion

Protecting a trademark is essential to secure your business, preserve your competitive advantage and enhance the value of your intellectual property. From the prior art search to registration, including monitoring and defence, every stage helps strengthen your company’s legal solidity.

A well-built strategy helps avoid risks and turns your trademark into a genuine lever for sustainable growth.

Protect your trademark with a Gevers expert

Written by Julie Christol

French and European Trademark & Design Attorney

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FAQ – Protecting a trademark

Why is protecting a trademark essential?

Protecting a trademark provides an exclusive right, effective legal remedies against copying, and secures your business.

What are the steps to protect a trademark?

The steps include the prior art search, filing, publication and registration.

How much does trademark protection cost?

Official fees are EUR 190 for one class in France, with a supplement for each additional class.

How do you defend your trademark in the event of a dispute?

Several actions are possible, such as opposition proceedings or an infringement action.