How Do You Conduct A Trademark Search

A trademark can qualify as anything that represents your brand. This includes your brand name, logo, image or symbol. A trademark may be used to protect your brand and prevent others from using similar names and designs in your marketplace.

Before choosing your trademarks, it is beneficial to know what other trademarks are used in your field of business. If someone else is already using the trademark you are interested in, you may need to choose something different. The trademarks that you use can have a large impact on your business.

A trademark search prior to filing a trademark application or starting to use a trademark may be beneficial to your business. It can prevent the cost of rebranding if you have chosen a trademark already in use my another party. Here is one method of conducting a trademark search.

Be specific

There are an innumerable number of trademarks registered with the Trademark Office. So before you start your trademark search, there are several specifications you should narrow down on. Doing so makes your trademark search easier.

• What are the various way to describe your goods, service or brand? For example, a saucer-like toy could be described as a flying disc.
• What class does your trademark come under? There are 34 classes of goods and 11 classes of services.

Search in the right place

Each country has its own Trademark Office. What is trademarked in Canada may not be trademarked in China. If you are building an international brand, you need to take this into account.

If you are in Canada, registering with the Trademark Office provides trademark protection throughout Canada. Many patent offices have online records that can be searched.

• Trademark Office Online Search: The Trademark Office has a basic online search.
• United States Patent and Trademark Office: Many businesses in Canada expand to USA, hence checking with United States’ Trademark Office is advisable.
• Visit the Trademark Office: Visit the Trademark Office and go through their physical application to perform an advanced search.

Expand your search

If you find that no one has trademarked your representation, expand your search just to be sure.

• Broaden your Search: Look at any similar trademark names, symbols or logos.
• Look for Variations: Look for multiple variations. For example, if your business is called ‘DogLovers’, look for variations of Dog Lovers, DogLove, or Dog Spot.
• Internet Searches: complete internet searches for your trademarks of interest. The owner of an unregistered trademark may oppose registration of your trademark if they are aware that it exists.

A critical step in the trademarking process is when the trademarking office publicly publishes your proposed trademark and invites interested parties to object. The presence of any similar, sound-alike or look-alike brand can affect your chances of acquiring a trademark. An awareness of the trademarks already in existence may be beneficial during the preparation of a trademark application.

Professional assistance

A registered Trademark Agent can assist with the entire trademark process from the search through to registration and help to simplify the entire process.