Trademark law

Areas of expertise > Trademark law

Bouchara & Avocats is specialized in trademark law and can assist you in your filing project and advise you in order to determine with you :

  • The wording that will effectively protect you and cover your entire business;
  • Key countries in which your trademark should be registered.




Une entreprise est également titulaire d’autres droits sur son nom, et notamment sur sa dénomination sociale, A company also holds other rights to its name, and in particular to its company name, its trade name, its brand name and also to any domain names it may hold.

Such signs could constitute prior rights that can be enforced against trademarks, since the provisions of Article L. 711-3 of the Intellectual Property Code stipulate that:

A sign that infringes prior rights may not be adopted as a trademark, in particular:

  • A company name or business name, if there is a risk of confusion in the mind of the public
  • A trade name or sign known throughout the national territory, if there is a risk of confusion in the mind of the public
  • A protected designation of origin
  • Copyright
  • The personality rights of a third party, in particular their surname, pseudonym or image
  • The name, image or reputation of a local authority.

There is a wealth of case law allowing the holder of one of these prior rights to oppose it to a subsequent trademark, and that is why it is necessary to be extremely vigilant with regard to such rights, in particular by carrying out extensive searches before filing.

It is also necessary to be aware of one’s rights and to assert them in the event of infringement.