Trade-Mark Solutions

Global Trade-Mark Availability

Trade-Mark Availability Searches in Canada, the US and Internationally

Conducting a good trade-mark availability search, before launching a new product or business, is a good way to avoid serious problems. Trade-Mark searches allow you to verify that your trade-mark is not confused with an existing trade-mark or trade-name and that it meets the legal criteria for registration.

Just because there are no similar marks to yours found in the trade-marks register does not mean it will automatically be registered, so it’s always wise to ensure the path to registration for your mark is clear.

We offer various types of searches for Canada, the US and internationally.

Key benefits of using our trade-mark search services:

  • Our experienced team in the field of trade-mark protection
  • We provide the strategic advantage of a summary evaluation as to availability
  • We offer a variety of searches to meet every budget
  • We use a wide array of specialized databases and search tools
  • We will interrupt a search to limit costs if an identical or highly similar mark is found (only for Canada & US)

 

Trade-Mark Registration

Trade-Mark Registration in Canada, the US and Internationally

The rules of the game have changed – we are now in a global marketplace where trade-marks compete. According to the latest statistics published by the Canadian Intellectual Property Office, more than half of all applications for trade-mark registration in Canada come from foreign entities. A trade-mark that might be confused with one that is already applied for, or registered, will result in refusal of the application by Canadian officials.

Trade-marks are an important asset for modern businesses. Proper trade-mark protection is crucial. There is no better protection for the name of your goods and/or services than a registered trade-mark.

The main advantages of trade-mark registration in Canada are:

  • Presumption as to trade-mark’s ownership
  • Exclusive right to use the trade-mark throughout Canada
  • Incontestability after 5 years of registration
  • Efficient means of dissuading third parties from adopting confusing trade-marks
  • Increased market value

Preparing a trade-mark application and tracking the process can be complex, and the consequences of filing a flawed application can be severe. Our team of trained professionals can help you avoid and overcome common and technical obstacles that may be encountered during the registration process. That means you’ll save time and money.

Canada

Our team is qualified to prepare and process your trade-mark files from the filing of the application through to the issuance of the certificate of registration.

United States

We file the applications directly and we monitor your file up to registration. If needed, we can leverage the assistance of our American associates with whom we have developed a close working relationship over the years.

International

We have the experience to process your applications for registration in other countries. For other countries, we rely on our well-established network of qualified trade-mark correspondents.

For more information, please refer to the ESC Trade-Mark brochure.

Other Intellectual Property Services

Trade-Mark Agent Support

If you have filed your own applications and encounter difficulties, we can help you. We provide a comprehensive range of support services such as preparing responses to Office Actions, reviewing written drafts and searching case law in specialized databases. Please contact us for more information.

Opposition Proceedings

If your mark is being opposed, or you wish to oppose someone else’s application, we have the expertise and the qualifications to represent or assist you before the Canadian Opposition Board.

Summary Expungement Proceedings (Canada)

Section 45 of the Canadian Trade-Marks Act, allows third parties a means of obtaining summary expungement of a registered mark. Our staff has the expertise and the qualifications to assist you or represent you in these matters.

Assignments, Corrections or Renewals

We can help you complete any of these before the competent authorities.

Trade-Marks Monitoring Service

This service helps you to know in a timely manner if any new trade-mark applications filed or published may be confusingly similar to yours. You can then take the appropriate measures to protect your marks.

Due Diligence Verification’s

Whether you are faced with a merger, acquisition or a substantial investment, you should consider reviewing all intellectual property assets. We conduct searches with the Canadian Intellectual Property Office in order to verify the existence, status and ownership of trade-marks, patents, industrial designs and copyrights. Using our verification services will save you time and money.

Ordering Official Documents

We can order official documents in Canada or from other jurisdictions, whether for trade-marks, patents, industrial designs or copyrights.

Registration and Assignment of Copyrights

We can prepare or have prepared copyright or assignment applications for filing in Canada, the United States or in any other country.

 

Trade-Mark FAQ

For frequently asked trade-mark questions, please see our FAQ section.

 

Trade-Mark Service Fees

Below are the ESC trade-mark service fees. Fees do not include shipping, handling, applicable taxes, government disbursements and agent/third party fees (where applicable).

* denotes most requested search services.

NO FUSSTM availability searches with written comments.

Canada

Service Fee
(1) TMR (Canadian Trade-marks Register)
$410.00
(2) TMR PLUS (TMR + Domain Names)
$490.00
(3) Commercial (TMR + REQ register + NUANS)
$570.00
(4) Commercial Plus* (Commercial + Domain Names + Electronic Directories)
$700.00
An additional fee is applicable for trade-mark searches comprising a word and design search

United States

Service Fee
(5) Federal Register (PTO – Patent and Trade-Mark Office) + International Register
$595.00
(6) PTO PLUS (PTO + Domain Names)
$655.00
(7) American (PTO + States Registers and Puerto Rico)
$740.00
(8)American Plus* (American + Domain Names + Electronic Directories)
$800.00
An additional fee is applicable for trade-mark searches comprising a word and design search

NORAM® (Canada and United States)

Service Fee
NORAM® Marks (1 + 5)
$955.00
NORAM® Marks (1 + 7)
$1095.00
NORAM® Plus (2 + 6)
$1095.00
NORAM® Commercial (3 + 7)
$1265.00
NORAM® Commercial Plus* (4 + 8)
$1395.00
An additional fee is applicable for trade-mark searches comprising a word and design search

EUROMARKTM Searches™

A survey of nearly 30 European national registers as well as the International and the Community Registers. An excellent way to preview the European market before applying for registration.

Service Fee
For 1 to 3 international classes
$875.00
For each additional international class
$255.00
Search in 1 country only (limited list)
$350.00

Preliminary Searches

Service Fees
TMR or PTO Preliminary Search
$120.00
TMR or PTO Preliminary Search 3 hours
$150.00
TMR + PTO Preliminary Search
$205.00
Commercial Preliminary (Canada)
$210.00
Commercial Plus Preliminary (Canada)
$275.00
Economark (3 choices)
$275.00
Economark NORAM® (3 choices)
$335.00
Economark 3 hours TMR or PTO (3 choices)
$325.00

Trade-mark Registration Services

Service Fee
Our team has the knowledge and experience your trade-mark filings require. Note that Canadian trade-mark applications can be filed electronically. Contact us for further details.
Fees upon request