Make your Brand Official ( TradeMark )

Branding - From Idea to Legal Existence

5 min read

Introduction — This is the moment your brand becomes real

Until now, your brand was an idea, a concept, a name, a universe.

Here is the moment it becomes official.

Filing a trademark is what transforms your brand from a creative project into a legal entity recognized by institutions.

This article walks you through the entire process, from the moment you open the INPI (or EUIPO / WIPO) website to what happens to your file after you click “submit”.

You will understand:

  • Which organizations are involved
  • What type of trademark to file
  • How to search before filing
  • What the Nice Classification is
  • Where your file goes after submission
  • The publication and opposition phase
  • The external actors handling your case
  • How this connects to broader legal protection

The institutions you will deal with

Depending on where you want protection, you will file through:

  • INPI — France
  • EUIPO — European Union
  • WIPO — International (Madrid System)
  • TMview — Trademark search database (Europe & international)
  • MOPI / BOPI — Official publication bulletins

These institutions are connected. Your file circulates between systems and is made visible to other legal actors.

→ See: Official trademark offices and their roles

→ INPI website

EUIPO website

WIPO website

TMview database

What exactly are you registering?

When filing, you must choose what you protect:

  • Word mark (verbal trademark) → the name only
  • Figurative mark → logo / visual identity
  • Or both

This choice changes the level and type of protection.

→ See: Word mark vs Figurative mark

Before filing: mandatory availability checks

Before anything, you must check if your name is available:

  • TMview
  • INPI database
  • EUIPO database
  • Search engines
  • Domain names
  • Social media

You are checking for identical or similar names, sounds, spellings, and activities.

→ See: How to perform a proper trademark search

The Nice Classification

You do not protect a name “globally”.

You protect it for specific goods and services, called Nice Classes.

Examples:

  • Class 25 — Clothing
  • Class 35 — Retail / business services
  • Class 41 — Creative / educational services

Choosing the wrong classes can make your trademark useless.

→ See: Understanding the Nice Classification

Filing on INPI / EUIPO / WIPO

On the platform, you will:

  1. Enter your trademark name
  2. Choose the type of mark
  3. Select your Nice classes
  4. Describe your activity
  5. Upload your logo (if figurative)
  6. Pay the fees
  7. Submit

This is where your visible action stops.

This is where the invisible legal process begins.

The distribution stage what you don’t see

After submission, your file:

  1. Is checked for formal validity
  2. Is transmitted internally to legal examiners
  3. Is published in the Official Bulletin (MOPI / BOPI)
  4. Becomes visible to other trademark owners and lawyers

This is sometimes called the distribution phase.

Your file is now public in the legal ecosystem.

The opposition period

After publication, a legal delay begins (usually 2 months).

During this time, anyone owning a similar trademark can oppose yours.

This can result in:

  • Partial refusal
  • Full refusal
  • Legal exchanges
  • Negotiations
  • Modification of your classes

→ See: The opposition procedure explained

External actors involved in your file

Your application is handled by:

  • Intellectual property examiners
  • Legal officers
  • Publication services (bulletins)
  • Sometimes trademark lawyers (in case of conflict)

Your file moves through multiple administrative and legal hands.

Legal rules you must respect

You cannot register:

  • Names too similar to existing brands
  • Misleading or protected terms
  • Generic words in some cases
  • Confusing structures

This also applies to sub-brands, collections, and product names.

→ See: Legal restrictions in brand naming

→ See: Understanding the Legal Side of Branding

Protection beyond trademark filing

Making your brand official also means thinking about:

  • Domain names
  • Copyright for visuals
  • Legal notices
  • Contracts
  • Monitoring your trademark over time

→ See: Legal protection strategies for brands

Databases and help you can use

Useful tools and support:

  • TMview
  • INPI search tool
  • EUIPO search
  • WIPO Global Brand Database
  • INPI advisors
  • Trademark attorneys

You don’t have to do this alone.

Conclusion

Filing a trademark is not a formality.

It is the moment your brand enters the official legal system.

From here, it is recognized, visible, examinable, and protectable.

This is how a brand becomes real.

Note

This article presents the full overview of the filing process.

Each part (search, types of marks, Nice classes, opposition, legal rules, protection strategies) will be detailed further in dedicated modules and articles.