Trademark Clearance Search (Canada)
Before you file a trademark application, before you commit to a brand, before you print packaging or launch a website: a comprehensive availability assessment from a Canadian lawyer and registered Trademark Agent.
Onley Law’s clearance searches go beyond a basic CIPO database lookup. We investigate registered and pending marks, common-law uses, business name registries, and domain availability, and we provide a written opinion you can act on with confidence. Our clearance work serves SaaS founders, mobile app developers, fintech and legal tech companies, EdTech startups, and growing businesses across Canada.
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
- Cross-border (United States) search on request where relevant
- Written availability opinion identifying conflicts, registrability risk, and recommended next steps
- 30-minute walkthrough call to discuss findings and strategy
Fixed-Fee Quote
Scope-based, transparent pricing. We provide a fixed fee within one business day of your intake. No billable-hour surprises.
5 to 10 Business Days
Typical turnaround from intake to written opinion. Expedited turnaround available on request for time-sensitive launches.
Trademark Agent Led
Work is led by Trish Sawhney, a registered Canadian Trademark Agent and Associate Lawyer at Onley Law.
How a Clearance Search Works
Intake
You provide the proposed mark, the target goods or services, and the relevant business context. We confirm scope and quote a fixed fee.
Search
We run the comprehensive search across all relevant sources, including phonetic, design, and common-law analysis where appropriate.
Written Opinion
You receive a plain-English written opinion: what we found, what it means for registrability, and what we recommend.
Strategy Call
A 30-minute call to walk through findings, discuss strategy, and decide next steps (file, modify, or rebrand).
Frequently Asked Questions
What is a trademark clearance search?
A trademark clearance search is a comprehensive investigation to determine whether your proposed mark is available to register and use in Canada without conflicting with existing rights. It looks beyond a simple CIPO database lookup to check common-law uses, business name registries, domain registrations, and confusingly similar marks across the relevant classes of goods and services.
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.
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 →