Free Trademark Search

Preliminary Trademark Search Order Form

  • Terms of Service

  • LEGAL LOGIK INC. TRADEMARK REGISTRATION TERMS OF SERVICE AGREEMENT This Legal Services Agreement (The “Agreement”) is effective pending receipt and approval of the Trademark Registration application. The Agreement will take place between Legal Logik Inc. (The “Attorney”) and the legal business as duly represented by the applicant as so he declares (the “Client”), collectively (the “Parties”). BY CLICKING THE ACCEPT BUTTON THE CLIENT EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF CLIENT DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE CLIENT WILL NOT SELECT THE ACCEPT BUTTON AND THE WILL NOT RECEIVE ANY OF THE SERVICES OUTLINED BY THIS AGREEMENT. The Parties to the Agreement agree as follows: Trademark searching is a process of identifying and quantifying risks. It is a business decision whether the risks involved in using a mark are acceptable. We will provide an opinion that a mark is “available” for use or registration only if specifically asked to do so. Search strategy We designed a search strategy by selecting from numerous different searching options, considering cost and timing. Similarly, the logic used in the search was limited by cost considerations. It is possible to do further searching, which may reveal additional risks. Common law rights In the Canada, a party may acquire ownership of a mark merely by using it. One or more such parties may have prior rights in a mark confusingly similar to your proposed mark. Unfortunately, there is no searching source that lists every trademark in use. Database limitations There are “blind spots” in the federal trademark database. First, several weeks pass between the date an application is filed in the Canadian Intellectual Property Office (CIPO) and the date it appears in a searchable database. A conflicting application filed in the few weeks prior to a search will not appear in the search results. Second, a foreign trademark application owner may receive a Canadian filing date up to six months earlier than the date of the actual Canadian filing. Thus a later-filed application by a foreign trademark owner may “trump” your application. Incomplete information “Likelihood of confusion” in trademark law is judged upon numerous factors, some of which depend upon facts that trademark searches do not reveal. These include the precise nature of the goods or services, package or label designs, advertising, sales and trade channels. Furthermore, a trademark search does not reveal the importance of a mark to its owner, or the owner’s size or litigiousness. Infringement determinations Besides involving a balancing of multiple factors, infringement determinations are fairly subjective. With full information, we may conclude that one mark would not infringe another. However, the owner of the other mark may disagree, as may a trial judge. Each case depends on its facts, and prior cases provide only general guidance. Defence of an infringement suit is expensive, even if you are victorious. Therefore it is rarely cost-effective for us to give a fully researched opinion on whether the mark will infringe. Instead, we attempt to quantify the likelihood that use of the mark will draw an arguably meritorious objection.
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