2021-07-16
There are many ways you can protect your business, and obtaining a registered trademark is one of them. Registering a trademark in the territory where you conduct your business can go a long way towards protecting your business from your competitors. It can also allow you to create brand loyalty which may allow you to take advantage of your brand’s popularity and goodwill in your community.
However, trademark registration may also expose your business to substantial liability if you try to register a trademark that isn’t available. For this reason, you may wish to conduct a trademark search, which can happen in numerous ways. Your trademark search may involve a review of the trademarks database in the jurisdictions you plan to use the mark to determine whether other similar trademarks exist. Here’s what you need to know about trademark searches:
Searching the Canadian Trademarks Database
To carry out your trademark search, use the Canadian Trademarks Database and search your proposed trademark name. The database is available online, but you can also access it in person at the Canadian Intellectual Property Office (CIPO). The database is updated every week and is the most reliable resource on the trademarks that have been registered in the country.
The fastest way to conduct a trademark search on the database is to use the basic trademarks search function, which will tell you if the exact name you are hoping to use is registered or not. You can also opt for an advanced search, which allows you to write multiple criteria. This is useful if your trademark is made up of a string of common words. You may also look for symbolic equivalents to your trademark and verify if it was registered in another official language, like French. The difficultly with the Canadian Trademarks Database is that it is limited by what you enter into the search engine. It does not look for phonetic equivalents, different spellings, etc. Incorrect or different spellings can result in potentially related trademarks not showing up in a search.
Searching Outside the Database
Once you’ve completed your search in the Trademarks Database, you may wish to also complete searches on the internet. Some businesses may be using your proposed mark without registering it, resulting in complicated legal issues, so it’s best to do your due diligence to avoid any problems.
It’s important to note that trademarks adopted and used without registration are classified as common law trademarks. The owner of such a trademark can claim that the business, using the mark, has established a positive reputation with its customers, preventing you from adopting or registering the mark. The owner of the common law mark has the responsibility of proving the reputation and goodwill of the mark, which may be a significant obstacle to registering your desired trademark. For this reason, a search for common law trademarks can be beneficial. Additionally, unregistered trademarks are not nationally protected, which means that the protection they are afforded applies only to the geographical areas where they are being used.
To protect yourself from this situation, online searches and corporate name searches can be valuable. It may also be beneficial determine if the corresponding domain name is available. Don't forget to check them across various domain endings like .com, .ca, .net, and .org.
Conclusion
The trademark registration process can be a tedious and time-consuming process. It becomes worse when another trademark application or registration blocks your application from registering or your trademark is opposed by a third party. Conducting a trademark search and working with a registered trademark agent or lawyer can be beneficial when navigating the trademark process.
If you would like assistance with the protect of your trademarks or potential trademarks, reach out to our team. Contact us to learn more about how we can help you register your desired trademark.
