{"id":8973,"date":"2022-04-20T14:47:22","date_gmt":"2022-04-20T12:47:22","guid":{"rendered":"https:\/\/www.cabinetbouchara.com\/recherche-danteriorites\/"},"modified":"2026-02-10T08:56:49","modified_gmt":"2026-02-10T07:56:49","slug":"prior-art-search","status":"publish","type":"page","link":"https:\/\/www.cabinetbouchara.com\/en\/lexicon\/prior-art-search\/","title":{"rendered":"Prior art search"},"content":{"rendered":"

Lexicon<\/a> > Prior art search<\/b><\/span><\/p>\n

IP Lexicon<\/p>\n

A trademark <\/a>is a distinctive <\/a>sign which, in order to benefit from protection under trademark law, must be available.<\/span><\/p>\n

The legal concept of availability implies that the registered trademark does not impede the rights of third parties who may use the same sign in the course of business and for an identical or similar activity. <\/span><\/p>\n

Indeed, article <\/span>
L. 711-3 of the Intellectual Property Code<\/a>
<\/span> provides that “a trademark infringing prior rights having effect in France may not be validly registered and, if registered, may be declared invalid”<\/em>.<\/span><\/p>\n

The search for prior art is a search carried out prior to any trademark filing<\/a>, which aims at identifying prior rights identical or similar to the sign whose filing and exploitation are proposed, which would thus be likely to constitute a risk for the filing, registration and\/or exploitation of a sign.<\/p>\n

The search for anteriorities can thus be carried out among the prior trademarks, but also among the prior company names<\/a>, trade names<\/a> and\/or domain names<\/a> that constitute anteriorities that can be used against subsequent trademarks.<\/p>\n

It must therefore be systematic and carried out by an intellectual property specialist – <\/span>lawyer or counsel (CPI)<\/a> –<\/span> “by similarities” (and not simply “identical”) in order to cover as many prior rights as possible and to limit the risks of a filing and\/or exploitation.<\/p>\n

Indeed, identical searches (i.e. to the nearest letter) can be performed manually on trademark databases, but they do not allow to cover similar trademarks (one or more letters difference, different letters but identical or similar pronunciation, conceptual similarities etc…) which constitute however sometimes blocking risks.<\/p>\n

For example, an “identical” search on the name HELENE will not cover the variants ELLEN, ELEN or ELAINE, for example, which are very similar in terms of the applicable case law.<\/p>\n

Moreover, it is often holders of similar prior rights who oppose the registration and\/or use of a trademark, and who can thus obtain :<\/p>\n