Prior-rights search (clearance search)

The recherche d’antériorité — prior-rights or clearance search — determines the availability of a sign before adoption or filing. It is the French counterpart of a US clearance search, and it matters even more in Europe: since the INPI and EUIPO do not examine applications against earlier marks, a conflicting application will register unopposed unless the earlier owner reacts — clearance is entirely the applicant’s responsibility.

Two levels of search

• Identical search (recherche à l’identique): a limited screen for marks that are identical or contain the same string of letters — the equivalent of a US knock-out search;
• Similarity search (recherche de similarité): a full search covering similar signs as well, assessed under trademark-law criteria (visual, phonetic and conceptual).

The search focuses primarily on registered and applied-for marks, in the classes potentially identical or similar to the goods and services of the contemplated filing.

Scope, cost and limits

A clearance search performed by a trademark attorney can be more or less comprehensive; the fuller the search and the analysis, the higher the cost, since more attorney time goes into the review. Searches run on free online databases are possible but limited: they will not surface all variations, and will miss marks that are merely similar rather than identical — precisely the marks most likely to found an opposition.

For our search offerings and methodology, see trademark clearance search; for what happens when a conflict emerges, see trademark opposition and contact us.

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