Do You Need a Lawyer to do a Trademark Search in Canada?

Create Time 2019-07-11 10:07    Views:8668

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Trademark searches are a necessary part of trademark registration. A comprehensive trademark search before the submission of your filing can be the difference between rejection and success. If you read our last blog, you will know a lot of what you need to keep an eye out for during your search. You’ll know that there are nuances and technicalities that go along with determining the similarity between trademarks in Canada and everywhere else. You will also know from our first blog introducing you to trademark searches that there are multiple platforms you need to cover to make sure your search is comprehensive. 

So, here’s the big question. Can you do it by yourself?

Trademark searches are time consuming

As we’ve said, there are multiple platforms that you will need to cover, and even then, you can never be sure if you’ve searched enough. Not all businesses are famous, not every business will show up on a Google search’s first couple of pages. Obscure trademarks that are in use enjoy the full protection of registration.

Then there’s the future to consider. What if you want to expand? Set up shop in the United States, or Europe, or anywhere else? That just means there are a whole load of other listings you need to pour through to find out if registration in these places will be possible for your trademark.

Scrolling through search results is dull and time consuming. Determining the availability of your mark is like trawling an ocean for a lucky penny. Especially if you lack the expertise to know where and how to search.

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Trademark searches are complicated

Remember all those criteria for similarity? Things don’t need to be completely identical to be problematic. You could go down for something as seemingly minor as a colour scheme. Sometimes you may get panicked by something that seems problematic when in reality, there is no conflict with your trademark. Then you could find yourself scrapping a name or logo that you really like when you could have kept it with no fear of opposition.

If you lack experience with trademark searches and the examination process, you’ll most likely end up lost and confused. Just check out the
CIPO tutorial for using their trademark database if you don’t believe us. 

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You need a trained professional to conduct a trademark search

While legally there is no issue with doing your trademark search yourself, the smartest thing is to hire a certified trademark lawyer or agency to do this for you. This is true for a few main reasons.

    1. You are busy

    • You’ve got a business to run! While intellectual property protection is integral to your brand, it is by no means the only thing you need to be focusing on. With the amount of time the search will take, your business is better off with you delegating this task.

    2. Professionals know what they’re doing

    • This isn’t about common sense. This is about experience. Trademark professionals make it their business to know what makes a strong, safe trademark and what makes a risky one. They know what can withstand an opposition or avoid it completely and what will get blown out of the water. They understand what the search results mean and what your best course of action is.

    3. Professionals know how to use the search databases

    • Did you look at that tutorial from earlier? That’s a trademark professional’s bread and butter. They know which databases to use and how to use them. Additionally, they often have access to advanced search tools like Corsearch. At Witmart, we use our very own Supersearch™ for a comprehensive search.

You may be thinking “but lawyers cost a lot of money. It’s free if I do it myself.” That is why trademark agencies like Witmart are a budget-friendly option for growing businesses. At Witmart, we do the entire search for you free of charge, and our trademark registration fees are affordable and competitive too.

So, get started! Visit our website to book your free trademark search today.

Disclaimer: This website is not intended to offer legal advice or to be a substitute for a consultation on a case-by-case basis with an attorney. The information provided above is meant for informational purposes only and may be subject to change. 

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