There are many expenses when starting a new business, and many people think that a Trademark Search is just an extra cost that isn't necessary. In reality, a Trademark Search prior to starting your business can save you a lot of headaches and also ensure that your investment in your business (time & money) is not wasted.
No Trademark Search
"Sara" decided to start a new business based on her travel experiences. She developed what she thought was a unique brand name, developed a website for her business and leased a storefront. With her launch date 1 month away, her marketing campaign was in full swing when she received the unthinkable; a cease and desist letter from another company alleging that she was infringing their Canadian registered trademark. The other company's trademark was in fact very similar to Sara's and they both operated in the same field of services.
Sara then had to choose between 2 costly options:
- try to fight the other company over the brand name; or
- cut her losses (time and money) and re-brand her business.
If a Trademark Search had been done
If Sara had done a Trademark Search early on, she would have learned that another business existed in the same service area with a similar name to the one she planned to use. By knowing this information in the beginning stages of her business development, Sara would have been able to select a different name instead of spending time and money on developing a brand name that was already in use.
Searching your Trademark
Sander Law provides Trademark Search services to determine if your trademark is available for use. A Trademark Search includes the identification of pending and registered trademarks in the Canadian Trademark Database that are the same or similar to yours. Similar trademarks, although not exactly the same as yours in spelling or appearance, could be obstacles to your use and registration of your trademark.
Don't be like Sara, Contact Sander Law today to get your Trademark Searched.
The above content is for informational purposes only and is not legal or professional advice.