Pre-filing clearance searches

Before filing an application it is advisable to conduct pre-filing trademark clearance searches to assess the availability of the trademark against the Canadian Trademarks Register and against several common-law resources like the Federal and provincial company names and provincial business names registers.

Pre-filing trademark clearance searches can provide valuable insight as to the likelihood of success for obtaining a registration and possibly determine if there is a prior user of the same or substantially the same trademark that has not obtained a registration.

Time and money can be saved if the search reveals a prior trademark that will likely be an obstacle to registration or that could be enforced to prevent you for using the proposed trademark.

Yates IP offers three levels of clearance searching for trademarks that consist merely of words and two levels of searching for trade-marks that consist of design elements.

For trademarks consisting only of words: For trademarks consisting only of design elements:
  1. Identical Screening Search;
  2. Availability search of the Trade-marks register;
  3. Full availability search of the Trade-marks Register and thousands of common-law resources
  1. Availability search of the Trade-marks register;
  2. Full availability search of the Trade-marks Register and image search engines and other Internet sources to find examples of similar logos and designs appearing on the Internet.
To order a clearance search, send us an email with your instructions and include following:
  • the trademark; if it is a design mark include a brief description and attach an image of the mark
  • the type of search required
  • a specification of the products or services you sell or intend to sell
  • your contact details
Send your search instructions by email or call +1 (613) 482-1506 with any questions you have