Trademark Name Search Canada

Trademark names have the highest level of protection in Canada. For this reason, before you go ahead and register your Trademark, it's important to ensure that the Trademark you've selected is not already being used. Ontario Business Central can help you do this through a Trademark Name Search.

What is a Trademark?

A trademark is a legal symbol that represents the source of goods or services offered by a business. It serves as a unique identifier, helping consumers recognize and trust a particular brand. Trademarks can take various forms, such as logos, names, slogans, or a combination of these elements. By registering a trademark, you gain exclusive rights to use it in association with your products or services, preventing others from using a similar mark that could potentially confuse consumers.

Does your Trademark fit the qualifications?

The first thing you'll want to ensure is that you can indeed register your Trademark. There are certain things that cannot be registered as Trademarks, including:

• Names and Surnames
• Clearly descriptive marks. For example, the word “sweet” for ice cream could not be registered as a trademark, since all ice cream is “sweet.” This is a natural characteristic of it, and registering this word means no ice cream vendors could use “sweet” to promote their goods, and that would be unfair.
• Deceptively misleading marks
• Places of Origin
• Words in other languages
• Words or designs that might be mistaken for a registered trademark or pending trademark
• Words or designs that look very similar to a prohibited mark

Is Your Trademark Available?

If the Trademark fits all of the qualification parameters, your next step will be to determine if it’s available for you to use. By taking the time to do this, you can avoid any potential conflicts with other businesses, and the legal expenses that may result.

There are two main items you can do to see if a new business name is available.

Complete a NUANS Preliminary and NUANS Report

• Check to See if the Trademark Name Appears to be available by doing a   Preliminary or Pre-search NUANS Search
• If the Trademark appears to be available, order the Trademark NUANS Report.

The first item to complete is a NUANS preliminary search to see if the name appears to be available against existing registered businesses, corporations and trademarks already registered in Canada. When established that the requested Trademark appears to be available, we can complete a Trademark NUANS Report. The NUANS report notifies anyone conducting a NUANS preliminary search or Report that you have already submitted the NUANS Report and intend to proceed to Trademark that particular name. The NUANS report gives you 90 days to continue to the next step in the process.

Free Trademark Tool From Squadhelp

Search existing trademarks in a number of different countries from many trademark databases including USPTO, Europe, Australia and Canada to find out immediately if your idea has already been turned into a trademark.

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Differentiation From Corporation or Business Registration

Registering a trademark is distinct from registering a corporation or business. While a corporation or business registration grants you the legal right to operate under a specific business name, it does not provide any protection for that name or logo as a trademark. This means that even if your business is registered, someone else could use a similar name or logo for their products or services, leading to confusion among consumers.

What is the Difference Between a Trademark and Trade Name?

Trademark:

• Purpose: A trademark is a distinctive symbol, word, phrase, design, or combination thereof used to identify and distinguish the goods or services of one business from those of others. Its primary purpose is to protect the brand identity of products or services.
• Legal Protection: When you register a trademark, you gain exclusive rights to use that mark in association with specific goods or services. This legal protection allows you to prevent others from using a similar mark that could cause confusion among consumers.
• Examples: Logos, brand names, slogans, and product names like the Nike swoosh, Apple's bitten apple, or the Coca-Cola script are all examples of trademarks.

Trade Name:

• Purpose: A trade name, also known as a business name or company name, is the official name under which a business operates. It is used for legal and administrative purposes, such as business registration, tax filing, and contracts. A trade name is often the name by which a business is commonly known in its operations.
• Legal Protection: Unlike trademarks, trade names do not provide the same level of protection for brand identity. Registering a trade name allows you to operate a business in your jurisdiction using that name, but it does not grant you exclusive rights to the name.
• Examples: If "ABC Electronics Inc." is the legal name of a company, "ABC Electronics" might be the trade name under which it conducts business.

Benefits of Trademark Registration For Branding

Trademark registration offers several benefits for branding, which can significantly impact your business's success:

• Protection: Registering a trademark provides exclusive rights, allowing you to prevent others from using a confusingly similar mark. This protection is crucial for maintaining brand integrity and preventing brand dilution.
• Market Recognition: A registered trademark can help your brand stand out in the market, making it easier for consumers to identify your products or services. This recognition can lead to increased customer trust and loyalty.
• Asset Value: A registered trademark is a valuable asset that can appreciate over time as your brand gains recognition and reputation. It can be bought, sold, or licensed, adding to your business's overall value.
• Legal Recourse: In case of trademark infringement, you have legal recourse to enforce your rights, including the ability to take legal action against unauthorized users of your trademark.

What is the Trademark Registration Process?

Registering a trademark in Canada involves several steps:

• Trademark Search: Conduct a comprehensive search to ensure that your desired trademark is unique and not already in use by another business. This search helps you avoid potential conflicts and rejection during the application process.
• Prepare and File Your Application Create a detailed description of your trademark and its associated goods or services. File your application with the Canadian Intellectual Property Office (CIPO). Pay the necessary application fees, which vary depending on the number of classes your trademark covers.
• Examination: The CIPO will review your application to ensure it complies with the Trademarks Act. If there are any issues, you may need to amend your application. Publication: Once your application is accepted, it will be published in the Trademarks Journal for public review. This allows interested parties to oppose your trademark if they believe it infringes on their rights.
• Registration: If there are no oppositions or if they are resolved in your favour, your trademark will be registered. This process can take several months.

What Are the Costs Associated With Trademark?

The cost of registering a trademark in Canada can vary depending on various factors, including the number of classes your trademark covers, the complexity of your application, and whether you choose to hire legal assistance. As of my last knowledge update in September 2021, the fees for a standard trademark application start at $330 CAD for the first class and $100 CAD for each additional class. Additional costs may include legal fees for conducting a trademark search and preparing and filing your application.

Who Can Apply For Registration of Trademarks?

To qualify for trademark registration, the applicant must be a "person," which can be an individual, partnership, trade union, association, joint venture, or corporation. Multiple individuals or entities can apply jointly.

What to Consider Before Filing an Application

Before submitting a trademark application, conducting a thorough search of existing trademarks is advisable to avoid potential infringement issues. You can search the Canadian Trademarks Database to identify similar trademarks and assess their potential impact on your application.

Consider Hiring a Registered Trademark Agent

Preparing and managing a trademark application can be intricate, requiring a deep understanding of trademark law and the Registrar's procedures. While it's not obligatory, hiring a registered trademark agent is often recommended to ensure your application is correctly structured and protected.

Filing a Trademark Application

A complete trademark application should include the applicant's name and address, a representation or description of the trademark, a statement describing the goods and services, application fees, and any specific requirements based on the type of trademark.

The Examination Process

Once your application is submitted, the Canadian Intellectual Property Office (CIPO) will conduct a search to identify conflicting trademarks. They will then examine your application for compliance with the Trademarks Act and Regulations. If there are objections or outstanding requirements, CIPO will notify you. If no oppositions arise, your trademark will be registered.

Marking Requirements

While there is no legal requirement to mark your trademark with specific symbols, many trademark owners use "R" (registered), "TM" (trademark), "SM" (service mark), or "MC" (marque de commerce) to indicate their registered status.

Policing Your Trademark

It is your responsibility to monitor and take action against unauthorized use of your trademark. Vigilance is essential to prevent imitation or the risk of your trademark becoming a generic term.

Common Errors in Filing a Trademark Application

Before filing a trademark application, thoroughly review your submission to minimize errors. Ensure you pay the application fee, avoid using another party's registered trademark to describe your goods or services, and provide comprehensive descriptions using specific and ordinary commercial terms. Trademark registration is a valuable asset in the business world, offering brand protection and recognition. Understanding the process and legal requirements is essential for any business or individual looking to establish a distinctive brand identity in Canada. For more detailed information and assistance, you can refer to the Canadian Intellectual Property Office's resources and consider consulting a registered trademark agent.

Trademark searches are pivotal for businesses, ensuring your brand's unique identity remains protected. However, as a budding entrepreneur or even an established business owner, you're often faced with a myriad of other responsibilities. Whether it's the initial steps of incorporation, the nuances of registration, undertaking comprehensive searches, or making requisite changes to your current business, each step is crucial to ensure your business thrives.

At Ontario Business Central, our commitment is to simplify these processes for you. With our vast experience and expertise, we streamline complex procedures, making them accessible and hassle-free. It's not just about ticking boxes; it's about empowering businesses – big and small – to make informed decisions, fostering growth, innovation, and lasting success. If you're at the crossroads of establishing a new venture, looking to expand, or simply need clarity on corporate formalities, remember that you're not alone. With Ontario Business Central by your side, consider the intricacies of business operations handled with precision and dedication.

For more insights, tools, and services, continue exploring our platform. We're here to pave the path of entrepreneurship, one step at a time.

Trademark Preliminary NUANS Report