Updated: Apr 13, 2021
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.
Log onto the Canada Trademark Database
Start off by heading to the publicly accessible Canadian Trademark Database search engine
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.
Having an experienced trademark lawyer perform a comprehensive trademark search will yield more accurate and thorough results than a basic trademark search by yourself.
Log onto the Canada Trademark Database
Start off by heading to the publicly accessible Canadian Trademark Database search engine
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.