Is your trademark already taken?

You have a great name for your new business & start branding your business cards, promotional items etc. with the new name. But did you check if someone else is already using that name? If someone is then your use of the name could infringe their trademark rights.

Trademark Searches

Before selecting and adopting a particular trademark, it is strongly recommended that a trademark search be conducted. A trademark search may uncover another company that is using the same trademark (or one that is very similar) to the one you plan to adopt.

Initially, you can do an internet search of the trademark to see what other companies may using the mark. As well, you can search for your proposed trademark in the Canadian Trademark Register maintained by the Canadian IP Office (www.cipo.gc.ca) for any registered or applied for marks that are the same as your proposed trademark. A trademark professional can assist you with more comprehensive trademark searches once you have determined that on the surface it doesn’t appear that anyone is using the same (or similar) trademark.

If a match is found in a trademark search, then you need to consider what type of products and/or services the other business is selling under the trademark. Generally speaking, if your products and/or services are in a completely different industry (e.g. food products vs. home repair), then it may be possible for you to still proceed with your proposed mark.

Next Steps

Before committing to a new trademark, it is recommended that you seek the advice of a trademark professional who can conduct a more thorough trademark search for you (e.g. for marks that are phonetically and/or visually similar, trade names, domains) and assess the likelihood of confusion between your mark and the marks of others.

Contact Sander Law today to discuss your proposed trademark!

The above content is for informational purposes only and is not legal or professional advice.