Trademark Primer

Why should I conduct a trademark search before using a trademark?

Before using or applying to register a trademark, it is advisable to conduct a trademark clearance search. At a minimum, the search should cover the records of registered trademarks and pending trademark applications maintained by the Canadian Intellectual Property Office. To limit the risk of future conflicts and liability, the search should also look for unregistered or “common law” trademarks in use in Canada.  The objective is to assess the potential for consumer confusion of a trademark with existing trademarks, both registered and unregistered.

A search does not guarantee that a mark is available or that liability will not result from adopting and using a given trademark in Canada.  However, a thorough search will reduce the risk of selecting a trademark that conflicts with another party’s trademark.

The cost for conducting a trademark clearance search in Canada that looks for both registered and common law trademarks is typically on the order of CA$1,500-$2,000 for a trademark that consists of a word.  Additional costs can be incurred if the word has a translation or there is a design component that must also be searched.

Searches are country-specific.  In many cases, it may be important to conduct a clearance search for a trademark in more than one country.  We can assist with having appropriate searches conducted for countries outside of Canada as well.