Before applying to register your trademark, you may consider conducting a trademark search to check whether your intended trademark is not being used by another party. Based on the search results, you may be able to assess, by yourself or a trademark practitioner, the likelihood that your desired trademark can be registered. The assessment may help you make an informed decision about your trademark application, for example, but applying to register a different trademark that is more likely to be registered, thus saving you time and resources.
There are several types of trademark searches. One type is to search the trademark office database in the country or region where you want to apply for trademark registration to see if there are identical registered trademarks or trademark applications to the one you want to register, which is usually called knockout search. For example, searching the CIPO trademark database if you want to apply to register your trademark in Canada. Another type is a search in the CIPO trademark database, the Business Name register, and Web Common Law for trademarks that are similar to your desired trademark. At the end of the search, an opinion is provided with respect to your desired trademark in view of the search results. Depending on the scope of the search, the trademark search costs about $600-1200 for registering a trademark in Canada, and about $1,000-2,000 for registering a trademark in the United States.
If your desired trademark has not been used, trademark search could be advantageous to you because it will reduce the chance that you will infringe other party’s trademark. It can also save you the headache of having to change your trademark after you build your brand around the trademark.
Of course, if you have used your trademark for a substantial period of time and accumulated goodwill in the market, then you may consider applying for registration of the trademark regardless of the search result. In the meantime, you may consider cancelling the conflicting trademark of a third party to avoid potential issues.
On the other hand, the cost of the search may not be much lower than the cost of filing an application. In these circumstances, you may consider skipping trademark search and proceed with filing an application.
If you decide to have a trademark search done by us, please contact us for a confidential consultation.