To be successful in business, you must send the right message and cultivate the right image. If your items or services are difficult to spot among the crowd, the customers will not be able to retain your brand. Thus, the ability to detect, keep, and remember is a must when it comes to making a successful brand. In fact, certain brands that were well-known in the 1920s for their dependability and great quality are still market leaders. This is because the public prefers and trusts what they are familiar with. This is why companies invest millions of dollars in building and maintaining their public image.
But what if your company name is similar to someone else’s brand. This can be fatal for the overall reputation of your branding. The only way to avoid this is to perform a trademark search. This article discusses how to perform a trademark search in Canada.
One sure-shot strategy to safeguard your company’s reputation is to register a trademark. What exactly is a trademark? A trademark is a symbol or collection of symbols that a person uses or proposes to use to differentiate their services from those of others.
When you register your trademark, you have exclusive rights to use it across Canada for a period of ten years. After that, you can even renew the trademark every ten years.
If you wish to register a trademark, the first step is to look for existing trademarks to see if yours is similar to someone else’s. This is optional but it will assist you in determining whether comparable trademarks exist or not. If they do, you risk infringing on someone else’s trademark, putting you in legal trouble.
What is the Canadian Trademark Database?
The Canadian Trademarks Database contains all the active and inactive trademarks that were applied for or registered under the current trade-marks acts or any of the previous trademark laws. Even the trademarks that were canceled, abandoned or denied after 1979 are included in the database. Certain marks that were canceled, abandoned or refused before 1979 are included as well.
How do I check a Canadian Trademark?
To adopt, use, and register a trademark, you must pick a unique mark that can differentiate your goods and services from those of other merchants offering comparable or different) goods and services. As a result, it is critical to see if the trademark you want to use to distinguish your company and brand is accessible for registration. A complete trademark search can take various forms, but it should at the very least comprise a comprehensive check of the trademarks database in the country where you want to use the mark to confirm that no one else has applied to protect the same mark. If you believe you may grow to other jurisdictions, you should examine the trademark registries in those nations as well.
How to do a Trademark Search in Canada?
The first step in doing a trademark search in Canada is to search the Canadian Trademarks Database for your proposed trademark name. The Canadian Trademark Database is accessible online as well as in person at the Canadian Intellectual Property Office (CIPO). This Canadian trademarks database is the most accurate source of information on which registered trademarks in Canada. One can carry out a CIPO trademark search in several ways. Using the basic trademarks search option is the simplest method to see if the precise name you are looking for is already in use. You can find a trademark by using:
- The name of the applicant
- The name of the registrant
- The class of products
An advanced search would be the next stage. This search allows you to input numerous criteria at the same time. This comes in handy if your trademark is a mix of popular phrases and you want to check how those words are used in other places. It is also a good idea to hunt for symbolic counterparts to your trademark in another official language.
Where are the Trademarks registered in Canada?
In Canada, trademark registration entails getting the trademark on the Trademarks Register of the Canadian Intellectual Property Office. Unless there are opposition procedures, which can take significantly longer, the complete registration process takes between eight to ten (8-10) months. You can register a trademark in Canada by applying with the Trademark Office. Along with the application, you need to pay a non-refundable fee of $250 for each trademark. You can file a trademark registration application for a mark that is not presently in use in Canada. But, the trademark must be in use before its registration in Canada.
An application for trademark registration includes a clear description of the goods and services for which the trademark is in use in typical commercial terms. The Trademarks Office confirms receipt of an application for trademark registration within a few weeks of receiving the application, Even though it is not a hard and fast rule, the trademark owners frequently use symbols such as “TM” trademark) or “®” (registered mark) to signify ownership or registration of their trademark registered trademark). Whether or not a trademark is registered, one can use the “TM” sign as long as it has an association with goods or services. The ® symbol on the other hand can only be used when a trademark has been registered.
How long is a Canadian Trademark valid?
Trademark registration in Canada is valid for 10 years after the registration date. After 10 years, you can renew the trademark’s registration for 10 years by paying a renewal fee.
How do I check if a name is Trademarked in Canada?
Looking into your proposed brand name in the Canadian Trademarks Database is the initial phase in playing out a brand name search in Canada. The database is accessible online on CIPO’s website as well as offline in CIPO’s office. The most dependable wellspring of data on which brand names have been enrolled in Canada is this Canadian brand name data set as it is refreshed week after week. The data set contains the enlistment date, from which you can find the expiry date of the trademark. You can determine the expiry date by adding 15 years to the enrollment date for marks enlisted before June 17, 2019. For trademarks enlisted after June 17, 2019; one needs to add 10 years to the enlistment date to find out the expiry date. The data set also includes the items and services in the enrollment, as well as the classes if any.
What is the process for trademark search in Canada?
There are several ways in which you can perform a CIPO brand name search. Utilizing the essential brand name search is the easiest method for checking whether the exact or similar name is in the trademark register of CIPO. You can track down a brand name by utilizing the candidate name, the registrant name, or even the merchandise class. This is an awesome starting point in deciding if a brand name is accessible.
The subsequent stage is to play out a more top to bottom inquiry; this search permits you to enter numerous models immediately. This is significant if your brand name is a blend of famous expressions and you need to check how others are using those words in different spots. It is likewise really smart to search for representative partners to your brand name. For instance, representing the word love as a heart. Looking for any phonetic reciprocals to your proposed trademark name may likewise be useful.
Is it worth hiring a Trademark Attorney?
CIPO’s Trademark Database is a great option for conducting a trademark search. But it sometimes misses out on important marks on various platforms. This can later lead to opposition and legal proceedings costing much time and money.
Second, a layman may find it difficult to conduct a comprehensive trademark availability search in Canada. Therefore, it makes sense to hire a professional trademark attorney or firm to do the work for you. These firms have required expertise and advanced tools that provide effective and comprehensive search reports. You can analyze these search reports to see any similar or identical marks to your proposed one. Thus hiring a professional is the best way to conduct a trademark search.
Why TMReady is the Sure-Shot Solution for All Trademark Needs
TMReady is the failsafe company for all things trademark. From the first step, i.e., to trademark registration as well as trademark monitoring, we have it all at affordable prices. Our long-standing expertise combined with advanced search tools provides a perfect combination to find out similar or identical marks from every corner. Have any more queries? Visit us here and get your answers