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Why Conduct a Canadian Trademark Search?

The Canadian Intellectual Property Office (CIPO) recommends conducting a complete trademark search before applying to register a trademark as a critical step toward successfully securing your brand in Canada.

Ensure Mark Availability

The purpose of a Canadian trademark search is to determine whether your desired trademark is available. A Google search is not enough to ensure that your trademark has no conflicting trademarks pending or already operating in the market.

Reduce Legal Risk

Without doing a Canada trademark search, you open yourself up to the risk of opposition from other businesses with identical or similar trademarks to your own. Not to mention, you risk rejection from a CIPO trademark examiner.

Save Time and Money

You may think skipping a trademark search will save time toward your Canada trademark registration, but the opposite is true. Trademark searches help decrease your chance of costly CIPO office actions, rejection or even time-consuming oppositions from other businesses.

What is an Expert Quality Trademark Search?

When it comes to Canadian trademark registration, there are no guarantees for approval. That’s why it’s so important to get a trademark search from a Canadian trademark expert who can help you understand the risks and prepare the best possible trademark application for your unique business.

Can’t I do an online trademark search on my own?

The Canadian Intellectual Property Office has a free online trademark search database available for public use, and it’s an excellent place to start.

The Canadian Trademarks Database can be difficult to navigate, and trademark search results are often hard to interpret on your own. With new trademarks getting published every day, you may also encounter blindspots during system updates. Due to these limitations, a DIY trademark search is insufficient to prepare your business for trademark registration success.

What makes a professional trademark search better?

Quality trademark searches aren’t as simple as Googling your trade name or checking for identical trademarks on the Canadian Trademarks database. A trademark examiner will not stop after exhausting these options — so neither should you. Here’s what a valuable trademark search should address:

Trademark Classifications

It’s not enough to know what goods and services your company provides, you must also know where these items fall under the NICE Classification of Trademarks, the complex system used to determine your scope of business. Most businesses fall under multiple classes, and if you don’t file for each type — your brand won’t be fully protected.

Likelihood of Confusion Test

According to section 3.2 of the Trademarks Examination Manual, similar trademarks within the same or related classes have a higher chance of rejection on the grounds of likelihood of confusion. A professional trademark search should identify these risks so you work around them.

Different Types of Trademarks

Since trademark law is not limited to words alone, your trademark search should include different types of trademarks as well, including sound, scent, colour, and more. Plus, you must look out for trademark similarities based on phonetics and spelling variations too.

Multi-Database Searches

Beyond Google and the Canadian Trademarks Database, for a complete trademark search you should also conduct a Common Law Trademark Search to reduce the risk of oppositions, office actions and rejection.

Search Results Interpretation

The Canada trademark search process has dozens of complicated layers designed to protect registered trademark holders from infringement. Trademark search results require deep interpretation, analysis, and sometimes even translation for all the legal jargon. That way, you can make a better judgment on what’s best for your business.

When it comes to Canadian trademark registration, there are no guarantees for approval. That’s why it’s so important to get a trademark search from a Canadian trademark expert who can help you understand the risks and prepare the best possible trademark application for your unique business.

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! Plus, we throw in a complimentary consultation with a trademark specialist to learn your business, and then walk you through your trademark search results.

Qualified Expertise
At Witmart, we put ourselves in the mindset of a CIPO trademark examiner to help you determine the risks and estimate the likelihood of trademark registration. Witmart isn’t a law firm, so we definitely won’t charge you like one — but you’ll still get the benefits of trademark expertise from our specialists, paralegals and associated trademark agents.

A Personal Approach
Witmart may be an online trademark service agency, but there’s a passionate team of people on the other end of every service call. Our streamlined technology allows us to invest our resources where they matter most — working directly with our clients — which means you’ll always get that personal touch when you do business with us.

Our Canada Trademark Search Packages

Multi-Trademark Spot-Search

$135 Per Hour
One-on-one consultation with a trademark expert
CIPO direct hit and fuzzy database search
Common Law Trademark database search
Full risk analysis via telephone on up to 6 trademark names
Search results interpretation to help you narrow down your best 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

$257 Flat Rate Fee
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 1 trademark names
Includes results for uo to 3 trademark classes
Trademark registrability analysis
Hard-copy of search results report and risk analysis