How to protect my startup's name before filing a patent

Before the patent, secure your name: the essentials

A patent protects a technical invention. It does not protect your startup's name or logo. To prevent a third party from using an identical or similar sign for similar goods/services, the appropriate tool is a trademark (INPI in France, or a European Union trademark). Under French law, a trademark grants an exclusive right over the classes covered, with possible infringement proceedings and prohibition of third-party use (see the French Intellectual Property Code, art. L713-1 et seq.).

Do not rely solely on company registration: the registered company name and trading name offer more limited protection and do not provide a trademark monopoly. INPI explains their differing scope and how the rights arise (INPI — Company name, trading name and business sign).

The 4 areas of immediate protection

1) Conduct a thorough clearance search

• Trademarks and businesses: start with the DATA INPI database (free) to search for identical/similar trademarks, registered company names and visible trading names. Try multiple spelling and phonetic variants.
• Domain names: check availability of strategic extensions (.fr, .com, .io…). Also search for similar domains posing a typosquatting risk.
• Broader web and social-media searches: identify any pre-existing uses that could create a likelihood of confusion.

The aim: detect likely conflicts before investing in branding and marketing. If in doubt, a thorough clearance audit is preferable to avoid costly trademark opposition.

2) File a trademark quickly (France first, Europe if necessary)

France: file online with INPI. Indicative cost: €190 for one class + €40 per additional class, with renewable 10-year protection (INPI — Filing a trademark). Pay attention to:

• Distinctiveness: avoid purely descriptive, necessary or customary terms (INPI requires a distinctive sign).
• The specification of goods/services (Nice Classification): precisely target your current activity and the next 2–3 years to optimise coverage without unnecessarily adding classes. See good practice in our strategic trademark filing guide.
• Post-filing monitoring: implement monitoring to detect conflicting filings and lodge opposition within the deadlines.

European Union: if you target several countries, an EU trademark (unitary effect) may be appropriate. The applicable legal framework is available on EUR-Lex. Secure France first if your go-to-market begins there, then extend in line with your roadmap.

3) Evidence of prior creation and confidentiality

• e-Soleau (INPI): deposit your creations and naming research to timestamp them and prove the conception date (evidence retained for 5 years, renewable); this is a useful complement before a patent or trademark filing (INPI — Protecting your creations).
• NDAs/confidentiality agreements: sign NDAs with agencies, freelancers, beta testers and partners before sharing brand elements or your roadmap. See practical advice in our NDA guide.

4) Reserve your digital assets promptly

• Strategic domain names and obvious variants; centralise them in the company's name and enable auto-renewal. To avoid disputes, anticipate domain/trademark conflicts: our practical article details the steps to take.
• Consistent social-media handles: secure the main accounts (LinkedIn, X/Twitter, YouTube, GitHub, Product Hunt…).

Company name, trading name and business sign: what they protect (and do not protect)

On registration, your registered company name comes into existence and is entered in the RNE through the single business formalities portal (Service-Public Pro). It identifies the legal entity and benefits from protection against misappropriation creating a likelihood of confusion. The trading name and business sign, by contrast, arise through public use, and their protection is limited to the territory of the established customer base (INPI).

Major limitation: these signs do not grant the monopoly specific to a trademark. Where a conflicting earlier trademark exists, you may be forced to stop using your trading/company name for the goods/services covered by that trademark (L713-1 et seq. CPI). Hence the importance of filing a trademark early.

Strategy if you target international markets

• Prioritise France if you launch there, to act quickly and limit initial costs.
• EU: consider an EU trademark if you operate in several Member States or acquire customers across Europe (legal references on EUR-Lex).
• Align goods/services: keep specifications consistent between national and European filings to facilitate enforcement and expansion.

For software startups also considering patents, revisit our software patent analysis and clearly coordinate your patent/trademark/copyright choices.

Common mistakes to avoid

• Confusing company registration with trademark protection: RNE registration neither blocks an earlier trademark nor replaces an INPI filing (Service-Public).
• Choosing a descriptive name (weak distinctiveness): risk of rejection or very narrow protection (INPI).
• Misclassifying goods/services: a poorly drafted specification provides poor protection. Seek assistance if needed.
• Neglecting monitoring and opposition: monitor new filings similar to your sign so you can act in time.
• Forgetting domains and handles: a third party may capture your brand's digital traction.

An actionable 10-day roadmap

1. Days 1–2: brainstorm distinctive names, test pronunciation and international suitability.
2. Days 2–3: search for earlier rights on DATA INPI, the web and social media; shortlist 2–3 names.
3. Days 3–4: make a preliminary class selection (Nice); validate against your product/market roadmaps.
4. Days 4–5: reserve key domain names and handles.
5. Days 5–6: file your research and visual identity guidelines through e-Soleau (INPI).
6. Days 6–7: file an INPI trademark (sign, logo if applicable, properly drafted specification).
7. Days 7–10: sign NDAs with marketing/design providers; establish trademark monitoring.

To structure IP protection around your name, code and contracts, also see our guides on source code protection and assignment of intellectual property to the company.

Quick FAQ

Does company registration protect my name? No: the registered company/trading name does not offer a trademark monopoly and remains limited in scope (see INPI).

How much does a trademark filing cost in France? From €190 for one class, then €40 per additional class, with 10-year protection (source: INPI).

Should I apply directly for an EU trademark? If your go-to-market is French, secure INPI protection first, then extend according to your European plan (framework: EUR-Lex).

Does e-Soleau replace a trademark? No: it is useful evidence of prior creation (5 years, renewable), but does not grant an exclusive right like a trademark (INPI).