Trademark filing lawyer
Protecting your name means protecting your project.
Your trademark filing lawyer supports you from prior art searches to registration at INPI or EUIPO. Registering a domain name confers no exclusive right over a sign: only trademark filing guarantees an enforceable monopoly of use.
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Practical examples
Trademark filing for a Creator Economy platform
A startup launching a creator marketplace wanted to protect its name in France and Europe. The prior art search revealed a similar trademark in a neighboring class. The filing strategy was adjusted (wording modification, class limitation) to avoid opposition risk, resulting in smooth registration at both INPI and EUIPO.
European trademark filing for an independent fashion brand
A fashion designer wanted to protect their brand name across the entire European Union before commercial launch. After a comprehensive prior art search, the filing was made at EUIPO in three classes (clothing, accessories, online retail), with optimized wording to cover future development plans. The trademark was registered without opposition.
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Why file a trademark?
Registering a domain name - and its extensions - does not in itself confer an exclusive right equivalent to that resulting from a trademark filing. A domain name can be reserved by anyone, without prior verification of existing rights.
By contrast, a registered trademark grants its owner an enforceable monopoly of use over the sign for the designated goods and services, opposable to all third parties within the territory of protection.
Failing to file a trademark exposes the entrepreneur to major risks: a competitor may file an identical or similar sign and prohibit its use, a third party may bring counterfeiting or opposition proceedings, and the company's intangible value remains unprotected. A trademark is a strategic asset: it can be assigned, licensed, valued on the balance sheet and transferred.
Its protection is territorial (France, European Union, international) and lasts ten years, renewable indefinitely.
Prior art searches: an essential step.
Before any filing, a prior art search is strongly recommended to assess the risks of infringing existing rights and to optimize the filing strategy. This search identifies identical or similar trademarks already registered, domain names, company names and trade names that may constitute opposable prior rights. A prior art search is not limited to a simple database consultation.
Interpreting the results requires legal expertise: assessing the risk of confusion between signs, evaluating the similarity of goods and services (Nice Classification), analyzing the territorial scope of prior rights.
A lawyer specializing in trademark law can qualify the level of risk and recommend the most appropriate strategy: modifying the sign, limiting classes, filing as-is with accepted risk, or abandoning the project.
The INPI filing process.
Filing a French trademark is done through the French National Institute of Industrial Property (INPI). The process includes several key steps that determine the scope and strength of the protection obtained.
Class selection and wording.
The international Nice Classification divides goods and services into 45 classes. The choice of classes directly determines the scope of trademark protection. Wording that is too narrow leaves gaps exploitable by competitors; wording that is too broad exposes the owner to revocation for non-use after five years.
The lawyer drafts precise wording, tailored to the actual business and the applicant's development plans.
Filing formalities and examination.
INPI examines the application for distinctiveness, lawfulness and compliance with formal requirements. INPI does not verify the existence of prior rights: this responsibility falls on the applicant, hence the crucial importance of a preliminary prior art search.
Publication and opposition period.
The trademark application is published in the Official Industrial Property Bulletin (BOPI). From the date of publication, any holder of prior rights has a two-month period to file an opposition before INPI. In the absence of opposition - or after its rejection - the trademark is registered.
For pre-existing creations (logos, graphic elements), the e-Soleau filing with INPI is a means of evidence that date-stamps the prior creation; it does not, in itself, confer any intellectual property title.
The European Union trademark (EUIPO).
Filing a European Union trademark (EUTM) at the European Union Intellectual Property Office (EUIPO) confers unitary protection across all 27 member states through a single procedure. This filing is particularly suited to projects with a European or international scope.
The choice between a national trademark (INPI), a European trademark (EUIPO) and international registration through the Madrid System (WIPO, 116 contracting parties) is a strategic decision that depends on the target territory, available budget and the level of risk identified during the prior art search.
The applicant of a national trademark benefits from a six-month priority right to extend protection abroad by claiming the initial filing date.
Adapting your filing strategy to your project.
Trademark filing strategy is not one-size-fits-all: it varies according to the nature of the project, the stage of development and the applicant's territorial ambitions. A content creator looking to protect their alias will not have the same needs as a startup preparing a funding round or a fashion brand launching an international collection.
For individual entrepreneurs or creators, filing a French trademark in one or two classes is often sufficient initially, with a later extension to EUIPO if the business expands across Europe. For early-stage startups, the trademark is an asset valued by investors: the filing should anticipate possible pivots by covering complementary classes.
For projects with international ambitions from launch, simultaneous INPI + EUIPO filing, or even a designation through the Madrid System, secures target markets before a competitor establishes itself. INFLUXIO tailors each filing strategy to the client's profile and budget, favoring a phased approach when resources are limited.
The lawyer's role in trademark filing.
Trademark filing can technically be done without a lawyer. But the added value of legal counsel lies not in filling out a form: it lies in the upstream strategy (sign selection, prior art search, class and territory selection), in optimal wording, in managing opposition proceedings and in long-term defense of the trademark portfolio.
INFLUXIO combines expertise in intellectual property and digital law to support entrepreneurs, creators and companies in building a trademark strategy consistent with their commercial development.
Our approach integrates the specific challenges of the digital world: protecting YouTube channel names, creator aliases, application names and trademarks intended for online commerce.
Useful glossary in trademark filing.
- Nice Classification
- international classification of goods and services into 45 classes (Nice Agreement of 1957), used by INPI and EUIPO to determine the scope of trademark protection.
- Opposition procedure
- action available to holders of prior rights to challenge a trademark registration within two months of publication (Article L.712-4 of the French Intellectual Property Code).
- European Union Trade Mark (EUTM)
- unitary right granted by EUIPO providing protection across all 27 Member States for a renewable period of ten years.
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FAQ
Frequently asked questions.
A domain name is a technical Internet address, allocated on a first-come, first-served basis. A trademark is an industrial property title conferring a monopoly of use over a sign for specific goods and services. Only trademark filing confers an exclusive right opposable to third parties and enables counterfeiting proceedings.
Filing fees vary by office. At INPI (French trademark), the filing fee is €190 for one class of goods or services, plus €40 per additional class. At EUIPO (European trademark covering all 27 member states), the fee is €850 for one class, €50 for the second class and €150 per additional class from the third onward. These amounts correspond to official office fees only, excluding attorney fees.
Filing at INPI takes approximately 4 to 6 months between filing and final registration (including the 2-month opposition period). At EUIPO, the timeframe is similar in the absence of opposition. The preliminary prior art search generally requires 1 to 2 weeks.
Filing is technically possible without a lawyer. However, the most common mistakes (unsuitable class selection, lack of prior art search, overly vague or restrictive wording) can compromise protection or expose the applicant to costly opposition proceedings. Using a specialized lawyer secures the investment.
Opposition is an administrative procedure before INPI or EUIPO. The holder of prior rights must demonstrate a likelihood of confusion. The lawyer drafts observations in response, may propose limiting the wording or negotiate a coexistence agreement. The response deadline is 2 months before INPI.
Three routes are available: direct filing in each target country, international registration through the Madrid System (WIPO, 116 contracting parties to date), or filing a European Union trademark (EUIPO) covering all 27 member states. The 6-month priority right allows claiming the initial filing date.
The prior art search identifies this risk upstream. Several options exist: modifying the sign to make it sufficiently distinctive, limiting filing classes to avoid overlap, negotiating a coexistence agreement with the prior holder, or challenging the prior trademark if it is not being used (revocation action for non-use after 5 years).
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In short
INFLUXIO is a law firm specialized in trademark filing, based in Paris. Prior art searches, INPI and EUIPO filing, international extension, opposition. INFLUXIO.
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