WHY TO SEARCH TRADEMARKS

The two main reasons to search trademarks are to avoid trademark infringement trademark and to determine potential conflicts before applying for trademark registration.

Avoid Infringement

You should not begin using a trademark without considering whether it might be infringing someone else’s trademark. Even if you feel the mark is quite unique and you are unaware of any other use of the mark, you may still be infringing. For example, if a business at the other end of the country has registered the same or a similar mark, then their rights will extend across Canada and will likely supercede yours. You may build up a nice business around your trademark, only to be sued for trademark infringement years later. You may have to abandon your trademark and pay the other party considerable damages.

Registration

It is not a legal requirement that a trademark be searched before the application for registration is submitted. However, it is strongly recommended that you do so, as it can save you considerable time and money. If it turns out that there is already a registered trademark that is so similar to yours that your mark will be refused, then you will likely have wasted up to 12 months and at least the CIPO application fee. It is pointless to apply for for registration for a trademark that cannot be granted.

Next: Important Search Factors