Why Is a Trademark Search Important Before Filing?
One of the most common reasons trademark applications get refused is that the proposed trademark is too similar to an existing one. This similarity can create a “likelihood of confusion,” leading customers to mistakenly believe your goods or services come from another source.
To reduce the risk of rejection and legal disputes, it’s essential to conduct a comprehensive trademark clearance search before filing.
How Does a Trademark Clearance Search Work?
A comprehensive search typically involves:
- Federal Databases – Searching the Canadian Intellectual Property Office (CIPO) and, when relevant, the USPTO (United States Patent and Trademark Office).
- Provincial/State Registries – Reviewing regional business and trademark records.
- Online & Market Searches – Exploring domain names, social media, and online platforms for unregistered but widely used marks.
Why You Should Never Skip This Step
Failing to perform a search can result in:
- Application Refusal – if the mark is too similar to an existing one.
- Legal Disputes – with businesses already using a similar name or logo.
- Lost Time & Money – re-filing after rejection delays your brand protection.
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There are several different ways that you can protect your invention. we provide a free consultation on what the best approaches for you.