What’s Included

• Search of the Canadian Trademarks Database for registered and pending marks, including phonetic equivalents and design-element analysis where applicable
• Common-law search across web, business directories, and industry sources
• Ontario and federal business name registry checks
• Domain and social handle availability check for the brand
• Written availability opinion identifying conflicts, registrability risk, and recommended next steps
• A walkthrough call to discuss findings and strategy

What is a trademark clearance search?

A trademark clearance search helps determine whether your proposed mark is available to register and use in Canada without conflicting with existing rights. It goes beyond a basic CIPO database search by considering common-law uses, business names, domain registrations, and confusingly similar trademarks that may create legal or commercial risk.

Why do I need a clearance search before filing a trademark?

Filing without a clearance search is one of the most expensive mistakes a Canadian business can make. If your application is opposed, blocked by a CIPO confusion objection, or attracts a cease-and-desist letter from an existing rights holder, the cost of resolving it (or rebranding) is often many times the upfront search fee. A clearance search lets you confirm the path is clear or pivot before you have invested in branding, packaging, and marketing.

What does Onley Law check in a clearance search?

We search the Canadian Trademarks Database for registered and pending marks, including phonetic equivalents and design elements where applicable. We check common-law uses across web and business directories. We review Ontario and federal business name registries. We check domain and social handle availability for the relevant brand. Where appropriate, we extend to United States or other jurisdictions for cross-border businesses.

How long does a trademark clearance search take?

A typical Canadian clearance search and written opinion is delivered within 5 to 10 business days from intake. Expedited turnaround is available on request for time-sensitive launches. Complex multi-class or multi-jurisdictional searches may take longer.

Can I do my own trademark search on the CIPO website?

You can run a basic search on the Canadian Trademarks Database, and we recommend doing so as a first sanity check. But the CIPO database only catches exact-match registered and pending marks. It does not capture phonetically confusing marks, design-only confusion, common-law uses, business names, or trade-dress claims. Most clearance-search problems arise from sources the CIPO database does not show. For a quick professional check we offer a $300 knockout search, and for a full written opinion we offer a $1,000 comprehensive search covering up to three classes. For a quick professional check we offer a $300 knockout search, and for a full written opinion we offer a $1,000 comprehensive search covering up to three classes.

What happens if the clearance search finds a conflict?

We explain the conflict in plain English, assess its severity (some conflicts are fatal to registration; others can be worked around), and recommend a path: modify the mark, narrow the goods or services, file with a coexistence strategy, or rebrand. The written opinion gives you the analysis to make a commercial decision with your eyes open.

Ready to Run Your Clearance Search?

Send us your proposed mark and target goods or services. We will provide a fixed-fee quote within one business day.

Request a Clearance Search Quote →

Already filed and received an Office Action? See our Office Action Response service →