Before legally filing a patent, trademark, or design application, it is common practice to conduct a preliminary search to check whether a similar application has already been filed under identical circumstances. This step, carried out by the prospective applicant, aims to determine the availability of the sign to be protected or whether the intended process has already been patented by a third party. The analysis of similarities can encompass not only orthographic similarities but also phonetic and conceptual resemblances.

Regarding a specific sign, Nathalie Dreyfus and Béatrice Thomas emphasize the importance of conducting a thorough check to ensure that a third party has not acquired prior rights that could lead to a prohibition on the use of the later sign, claims for damages, or even other penalties if the sign is used or registered. The financial and commercial stakes associated with this process are significant, highlighting the crucial importance of this preliminary step.