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Canada Trademark Search
August 19, 2019

Beginners Guide: How to Perform a Trademark Search in Canada

So you just finalized your brand's name and logo designs...but do they conflict with any registered trademarks in Canada?

According to the Canadian Intellectual Property Office's IP Canada 2020 Report, 68,277 trademark applications were received in 2019. When a trademark is registered, it is protected by law from the misuse of others.

The search engine on the Canadian Trademarks Database allows you to access all existing applications, registered and non-registered, nationwide.

The search provides a glance of the approximate number of applications using the key word(s) that you search for. After this initial search, you can then try the advanced search engine to further narrow the search criteria.

This blog post sets out a quick step-by-step approach on how to perform a basic search for registered trademarks.

Before Starting Your Search

Before registering a trademark, ensure that the mark you created is distinct and can not be confused with someone else’s brand. Otherwise, your application may face trademark opposition from the registered trademark owner.

What is a Trademark?

A trademark is a unique combination of words, letters, designs or sounds that will distinguish a company’s goods or services from others in the marketplace, serving to help a company’s reputation and brand stand out from its competitors.

Without performing your due diligence, you could end up infringing someone’s trademark, which can be costly.

Performing a Trademark Name Search

The following is an easy step-by-step guide on conducting a basic trademark name search.

  • step 1

  • step 2

  • step 3

  • step 4

Log onto the Canada Trademark Database

Start off by heading to the publicly accessible Canadian Trademark Database search engine

CIPO Search Database Start

Enter Search Criteria

Scroll to the search field called “Enter search criteria:”, and type in the word or combination of words you are looking to trademark.

For example, we'll type in "Sunshine Burgers".

Ensure you look for all possible spellings on your searches, including French.

CIPO Search Query

Filter Additional Search Options

Under the "Additional Search Options" sections, you can narrow down the search criteria to include only registered trademarks that are word marks:

Category: Check the "Trademarks" box

Type: Check the "Word" box

Status: Check the "Registered" box

Then click the "Search" button

CIPO Search additional options

Check Results

The results will display all the possible registered trademarks that could potentially conflict with your word mark.

Looking at the results, you can see that the word mark "Sunshine Burgers" is already a registered trademark.

"Can't I just tweak the name of my business to Sunny Burgers or Shining Burgers?"

Because the names sound similar to a registered trademark that operates in the same industry, there is a high probability that your application would get of rejected by the trademark office.

TIP:  We strongly recommended seeking a trademark lawyer to discuss your word mark as they will be able to offer potential work-around options to your situation.

Performing a Trademark Logo Search

Previous instructions demonstrate trademarking a word or combination of words.

But what if your trademark is a logo design?

Let's stick with the burger example. Assuming that your logo design includes graphic elements of a burger, you would want to do a search to see if your design looks similar to other registered logos that may also include any visual elements that resemble a burger.

Keep in mind that this is just a basic preliminary search and not a catch-all of results. There may in fact be other food & beverage trademark designs that were not listed from your search query.

Adding to the complexity and scope of the search is if you're planning to use multiple variations of your logo design.

Having an experienced trademark lawyer perform a comprehensive trademark search will yield more accurate and thorough results than a basic trademark search by yourself.

  • step 1

  • step 2

  • step 3

  • step 4

Log onto the Canada Trademark Database

Start off by heading to the publicly accessible Canadian Trademark Database search engine

CIPO Search Database Start

Enter Search Criteria

In the "Enter Search Criteria" field, enter: burgers

CIPO Logo search

Filter Additional Search Options

Under the Additional Search Options sections, narrow down the search criteria:

Category: Check the "Trademarks" box

Type: Check the "Design" box

Status: Check the "Registered" box

Then click the "Search" button

CIPO Logo additional options

Check Results

The results will display all the possible trademarks that could potential conflict with your logo/design mark.

Logo trademark search results

You can see that the search returned 236 results.

Do any of these design marks have elements of similarity to yours to may potentially confuse the consumer in the marketplace?

If your design is completely distinct and unique, then you'll have greater success in trademarking your logo.

However, if you feel that there may be some similarities to an existing trademark, it's advisable to seek an experienced trademark attorney to help you determine the level of risk before you attempt to proceed with an application.

Hire a Trademark Lawyer for a Comprehensive Search

Conducting a basic trademark search on the CIPO database is the quickest way to check if your proposed mark may conflict with another brand.

A comprehensive trademark search involves a thorough analysis of your proposed mark's registrability that includes examining multiple database sources, comparing different variations of your mark, as well as common law searches.

Patrola Law is experienced in representing clients, establishing and enforcing their registered trademarks. From trademark search and registration, to trademark enforcement and litigation, our law firm will ensure that your intellectual property rights are well protected.

If you have any questions about starting the trademark process, please give us a call at (778) 565-4700 or you can schedule a free initial consultation here.

The preceding content is for informational purposes only and does not constitute legal or professional advice. To obtain such advice, please contact our offices directly.

Last updated on March 9th, 2022 at 02:05 pm

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Patrola Law - Best Business of 2022

Patrola Law is proud to be selected as one of the best law firms in Surrey on Three Best Rated in the following categories:

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