We typically deliver our comprehensive trademark search results within 5 to 7 business days.
How do I find out if my trademark is available?
To be certain that your trademark is available (and to avoid potential conflicts), a pre-filing search should be conducted in each country where registration is desired to locate any existing trademarks that are similar to yours and used for similar products and/or services. Any search other than a full comprehensive trademark search (proper lawyer search) is risky.
I already did my own search on the CIPO Trademarks Database. Isn’t that enough?
No. The biggest problem with relying exclusively on a CIPO Trademarks Database search is that the results include only direct or nearly direct matches of trademarks that have been filed or registered with the CIPO. Be careful. There could be someone else using the trademark who has the rights to it based on common law.
Why do I need a full comprehensive trademark search (the kind only lawyers can do)?
Here’s an example why: If you run a search for the proposed trademark ‘NIRKE’ using a competitor’s free online search tool, or even on the CIPO website, the results will show a false negative “0 Results.” Now, imagine you relied on this exact-match ‘pre-screen’ and launched a shoe/clothing brand under the name NIRKE. Big legal problems could ensue when Nike sends you a nasty letter! Suddenly, that ‘free search’ has cost you big money!
Do you offer free searches?
No. We take pride in protecting you and your investment, so your business can flourish. We simply can’t stand by marketing gimmicks that set you up to fail.
What if I can’t file my trademark application because of a conflict identified in my search?
If you wish to stop the application process part way, you will still receive an expertly drafted application that you can then carry forward with your new trademark. We can also counsel you on choosing a trademark to avoid conflicts.
What does your comprehensive trademark search include?
Our comprehensive trademark search includes:
· Active and inactive trademark records
· All relevant classes of products and services
· Common law conflicts
· Web-based sources(e.g. Internet search, industry publications)
· Domain names
· Social media usernames and profile URLs
What happens if there’s a conflict identified in my search?
If a search report reveals a conflict with your proposed trademark, we will always offer a phone meeting to discuss the issue and suggest potential strategies for success.
What does your comprehensive trademark search fee include?
Our comprehensive trademark search fee includes:
· a comprehensive trademark clearance report from one of the eminent search houses in North America;
· a phone meeting to discuss the likelihood of and strategies for your application’s success