Does a trademark that is registered but never used block me?

It can still be enforced as long as it is in force. However, an owner who, without proper reasons, has not made genuine use of it for five years for the goods or services covered faces revocation (article L714-5). The application can be filed with the INPI for €600. It is not possible against a Trademark registered less than five years ago.

And for a European Union trademark?

The opposition period is 3 months after publication in the European Union Trade Marks Bulletin, and the opposition fee is €320. According to the EUIPO, one application in five is opposed.

Trademarks

A similar trademark already exists: what should you do?

Q: How long do you have to oppose a French trademark?

2 months from publication of the application in the Official Bulletin of Industrial Property (BOPI), with no extension possible. Opposition costs €400 for one right invoked, plus €150 per additional right.

Your search has turned up a Trademark similar to your Name idea. That is not necessarily the end of the project: it all depends on the goods and services covered, how similar the signs are and whether the Trademark is actually used.

Updated on 2 October 2026

The three questions to ask

An earlier Trademark does not block every use of a similar name. The French Intellectual Property Code (article L711-3) protects the owner against an identical Trademark for identical goods, and against an identical or similar Trademark for identical or similar goods or services where there is a likelihood of confusion. Three questions therefore help you assess the risk.

Are the signs similar? They are compared visually, phonetically and conceptually. A different spelling is not enough if the two names sound almost the same.
Are the goods or services identical or similar? A Trademark is registered for a list of goods and services, grouped into Nice classes. The same name for software and for shoes can coexist; for two mobile apps, it is much trickier.
Is the Trademark alive? Is it still in force (registered for 10 years, renewable) and actually being used?

Key point: the closer the signs and the activities, the higher the likelihood of confusion. The same Trademark may be harmless for one project and a deal-breaker for another.

Not just Trademarks

Article L711-3 also includes among earlier rights a company name, as well as a trade name, a shop sign or a domain name whose scope is not merely local, where there is a likelihood of confusion. A business operating under a name similar to yours must therefore be taken into account, even without a registered Trademark.

Your options

Change the project

Change your Name or make it clearly different: this is often the cheapest solution before launch.
Narrow the list of goods and services in your future application to move away from those covered by the earlier Trademark.

Contact the owner

A coexistence agreement, a licence or a purchase of the Trademark can be negotiated. These solutions require the owner's agreement; an IP attorney or a lawyer can help you.

Challenge the earlier Trademark

Since 1 April 2020 (PACTE Act), the INPI handles invalidity and revocation actions, which were previously reserved for the courts.

Procedure	When	Who can file	INPI fee
Revocation for non-use	The Trademark has not been genuinely used for 5 years, without proper reasons	Anyone	€600
Invalidity on absolute grounds	The Trademark should not have been registered (descriptive, misleading, filed in bad faith…)	Anyone	€600
Invalidity on relative grounds	The Trademark infringes an earlier right	The owner of the earlier right	€600, plus €150 per additional right

According to the INPI, a decision is issued between 6 months and about 1 year after the request, 8 months on average since 2020.

If you are the one being copied: opposition

The owner of an earlier right can oppose a French Trademark application within 2 months of its publication in the BOPI, with no possible extension. The rights that can be relied on include Trademarks, company names, trade names, shop signs and domain names. Opposition costs €400 for one right, plus €150 per additional right. For an EU Trademark, the deadline is 3 months and the fee is €320.

These deadlines are short: monitoring new filings similar to your Name is the only way not to miss them.

Frequently asked questions

Can I use a name already registered as a trademark in another field?

Often yes: a Trademark is protected for the goods and services specified at filing. Article L711-3 of the French Intellectual Property Code covers an identical or similar Trademark for identical or similar goods or services, where there is a likelihood of confusion. Well-known Trademarks enjoy broader protection.

Does a registered but never-used trademark block me?

It remains enforceable as long as it is in force. However, an owner who, without proper reasons, has not genuinely used it for five years for the goods or services covered risks revocation (article L714-5). The request can be filed with the INPI for €600. It is not possible against a Trademark registered less than five years ago.

How long do you have to oppose a French trademark?

2 months from the publication of the application in the Bulletin officiel de la propriété industrielle (BOPI), with no possible extension. Opposition costs €400 for one right relied on, plus €150 per additional right.

And for an EU trademark?

The opposition period is 3 months after publication in the EU Trade Marks Bulletin, and the opposition fee is €320. According to the EUIPO, one application in five is opposed.

Official sources

General information, up to date as of 2 October 2026 and checked against the official websites cited. Fees and procedures may change: refer to the sources. This guide does not constitute legal advice.