French trademark applications: the usefulness of a prior rights search on domain names

The ordinance of 13 November 2019, transposing the European trademark reform package, has made explicit what French case law had built over the years: under Article L.711-3 of the Intellectual Property Code, a domain name whose reach is more than merely local is now a prior right opposable to a later trademark. The courts had prepared the ground, protecting domain names shown to be genuinely used — audience of the site, active clientele, press mentions. The practical consequence cuts both ways. Before filing a French trademark, a clearance search must now cover domain names, not just registers of marks and company names, on pain of opposition or invalidity; and holders of exploited domain names gain a weapon against later filings. The article presents IP Twins' DETECTIVE platform, which pairs identical and similar domain searches with legal analysis — prudence at filing costs less than litigation after.