Definition

In intellectual property law, the term “prior right” (antériorité) refers to any pre-existing element or right that may conflict with a contemplated industrial property title.
A prior rights search involves analyzing the legal environment to determine whether a filing is secure. It helps prevent disputes and protect investments in intellectual property.

A prior right can prevent:

• The filing of a sign: if it leads to a refusal by the competent office (INPI, EUIPO, WIPO) due to absolute or relative grounds for refusal.
• Registration: if a prior rights holder files an opposition within the legal time limits, or if the office detects an ex officio conflict under the applicable legislation.
• Exploitation of the sign or invention: by exposing the applicant to infringement proceedings, cancellation actions, or unfair competition claims, especially where the use creates a likelihood of confusion for the public.

What does a prior rights search cover ?

• Trademarks: registered or pending, at national, EU, and international levels.
• Patents: published patents and earlier applications.
• Designs and models: filed or publicly disclosed.
• Domain names: particularly strategic extensions (.fr, .com).
• Company names and trade names: registered with commercial registries.
• Copyright: where a protected work could conflict with a trademark or design filing.

Legal basis

Trademarks

• French IP Code, Article L.711‑3
• Directive (EU) 2015/2436, Article 5
• Regulation (EU) 2017/1001, Article 8

Patents

• French IP Code, Article L.611‑11
• European Patent Convention (EPC), Article 54

Designs and models

• French IP Code, Article L.511‑2
• Regulation (EC) No 6/2002, Articles 5 and 6

Why conduct a prior rights search?

It is essential to launch a new trademark, logo, or product, file a patent or protect an industrial design end secure a marketing strategy or perform an IP audit.

It allows you to avoid refusals, anticipate oppositions, adapt your filing strategy, and defend your rights effectively.

Practical examples

• The trademark NOVATEK is refused because an identical mark is already registered for similar products.
• A graphic pattern is rejected because it was publicly disclosed before the filing date.

FAQ

1. Is a prior rights search mandatory ?
   No, but it is highly recommended to prevent costly disputes.

2. What is the difference between a prior right and infringement ?
   A prior right can block a filing, whereas infringement punishes the unlawful exploitation of an existing right.

3. Can I conduct a prior rights search myself ?
   A basic search is possible using public databases (INPI, EUIPO, WIPO), but a professional analysis ensures a secure and reliable assessment.

Conclusion

A prior rights search is a cornerstone of any IP strategy. It prevents litigation, optimizes filings, and protects investments by providing a secure legal framework for brand, design, and innovation development.