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Why Conduct a Canadian Trademark Search?

Search in the Canadian Trademarks Database for any registered or pending trademark applications that may be confusingly similar to your mark.

The Canadian trademark registration process takes about 18-24 months. A trademark search can help to minimize potential objections that 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 professionally trained service provider will not only analyze the search results from the Canadian Trademarks Database but also consider other factors that may impact the success rate of your application. This includes but not limited to the distinctiveness of your mark and whether your mark is clearly descriptive/deceptively misdiscreptive when associated with your goods & services.

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 may not be registrable if contains subject matter that is scandalous, obscene or immoral.

Other Possibilities

A trademark that may seem challenging to register when there are exact matches found in the Canadian Trademark Database, this is where a professional can dig deeper by looking at other factors to help you make a decision on the mark.

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 company. We put ourselves in the mindset of a trademark examiner to help you identify the potential concerns before you file your trademark.

A Personal Approach
You have our full attention. A dedicated trademark consultant is assigned to your trademark case. We want to understand your protection requirements and provide the most value.

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
1 on 1 consultation with a trademark consultant
CIPO direct hit and fuzzy database search
Google search to spot potential common law use
Consultation via telephone on up to 3 trademark names and 2 jurisdictions

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