menu

Why Conduct a Canadian Trademark Search?

Making sure your mark is not confusingly similar to other marks can increase the registrability of your application.

The Canadian trademark registration process takes about 15-18 months. A trademark search can help to avoid unnecessary office actions which cost time and money to respond.

Checking for earlier use of unregistered or registered trademarks that are similar to yours can help to avoid potential oppositions.

Why Should a Professional Conduct Your Trademark Search?

A Canadian trademark search is typically conducted by a third-party service provider or a professional trained in trademark searches. It is not a simple Google search, but a multiple database search with various factors and areas to consider.

Canada Trademark Search Channels

Canadian Trademark Register

Canadian Trademarks Database

Common Law Sources

Canadian Trademark Search Criteria

Marks uncovered by the trademark search are reviewed with a focus on confusion factors. This is to check if an average Canadian consumer would create a business connection between your proposed mark and another mark upon first impression.

Look for Similarities

1. Mark Similarities.





Appearance





Sound





Meaning
2. Similarities in Goods/Services and Trade Channels
Check ConditionMark A - Goods/ServicesMark B - Goods/Services
Same or Closely Related

Footwear



Footwear

Expansion or Complement

Restaurant




Catering

Check for Distinctiveness

Levels of Distinctiveness

Acquired Distinctiveness
Burger King is a descriptive mark that acquired distinctiveness through extensive use for a long period of time, for which it became well known.

Check for Other Factors

Common Law Rights

Look for prior use of unregistered trademarks or trade names that are similar to your mark to uncover potential oppositions from prior rights owners asserting common law rights.

Prohibited Marks

Your trademark is not registrable if it is identical or similar to any official marks or contains subject matter that is scandalous, obscene or immoral.

Other Possibilities

It is also important to look at alternative options, such as the co-existence of similar marks, potential consent from an official mark, ownership assignment of a registered mark, and more.

Start Your Canada Trademark Search With Witmart

Free SuperSearch™
We’re so confident in our trademark registration services, we offer our professional Canada trademark search for free!

Registered Trademark Agent
Witmart is a registered trademark agent with the Canadian Intellectual Property Office. We put ourselves in the mindset of a trademark examiner to help you identify the potential concerns for your trademark registration.

A Personal Approach
A passionate team of professional consultants to work with you on a one-on-one basis. We are here to learn about your business and provide solutions on how to best protect it.

Our Canada Trademark Search Packages

Multi-Trademark Spot-Search

$135 Per Hour

If the results of your Free Trademark SuperSearch™ reveal your mark is too risky, you can upgrade to a more in-depth trademark search package including:

5-6 additional name searches
Deeper consultation with a trademark consultant
Detailed search result interpretation
Risk analysis to identify a better fit

Trademark SuperSearchTM

Free
One-on-one consultation with a trademark consultant
CIPO direct hit and fuzzy database search
Common Law Trademark database search
Full risk analysis via telephone on up to 3 trademark names

Advanced Trademark Search Report

$275 Flat Rate Fee

Enjoy all the service benefits of the Free Trademark SuperSearch™ and get a hard copy of your search results for your records, including:

A full risk analysis writeup on 1 trademark name
Search results for up to 3 trademark classes
Trademark registrability analysis
A consultation from a trademark consultant explaining the report
* all prices listed are in CAD