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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.

Check 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 Business 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 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.

Search for Similar Trademarks

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.

Comprehensive Search and Registrability Opinion

A comprehesnsive search by a registered Canadian trademark agent with a registrability opinion will help you to make an informed decision on what’s best for your trademark option and increase your chance of trademark registration.

Even the industry’s best trademark search technology can’t promise perfection, but that doesn’t mean you should forego a search. In fact, a professional trademark search performed by intellectual property experts is the best way to mitigate the risks — and ours is free, so what do you have to lose?

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.

Registered Trademark Agent
Witmart is a registered trademark agent with the CIPO. 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, 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

$150 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

$290 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