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Searching
Before applying to register an official mark, it may be advisable to conduct a registrability search to find out whether there is any conflicting prior registration, or application for registration, of the mark, or of a mark so similar that it might prevent approval of the client's mark. The value of conducting such a search is that a prospective applicant can learn, for a relatively small expense, the chances of having the mark registered. If the chances are unfavourable, the expense of preparing and filing an application can be avoided. However, a search cannot "guarantee" that a given mark will in fact be approved and registered.
The cost of a trademark search and written opinion on registrability prospects, is based primarily on the time spent, which varies according to the complexity of the search involved. Typically, a search and opinion for a one-word mark for use in Canada costs no more than about $400 (design mark searches tend to cost more). In cases of urgency, a priority search followed by a preliminary telephoned or telecopied report of the search results and opinion usually adds $50 to $100 to the cost of the search. Fees can be higher if particulars of pertinent prior marks are retrieved from the database and analyzed.
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