Trademark Search and Filing Referral: Why Your Corporate Name Is Not a Trademark

Find out whether the name you are about to incorporate is already someone else’s trademark. We search the Canadian Trademarks Database, tell you what we found in writing, and where a filing is worth it, refer you to a registered trademark agent. Our incorporation fee is $35.00, HST included. Open Corporation for $35 is a department of Gondaliya CPA.

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We Do Not File Trademarks, and We Say So First

A certificate of incorporation gives you the right to use a legal name on a corporate register. It does not give you the brand. A registered trademark does, and it comes from a different office under a different law. Open Corporation for $35 is a department of Gondaliya CPA.

We are a CPA firm, not trademark agents. What we do is run a first search, explain what it means, and send you to a registered trademark agent with a file they can use, without taking any commission.

Start on the Intake Form See Pricing

Knock-Out Search

Your proposed name checked against the Canadian Trademarks Database.

Written Result

What we found, in plain words, before you spend on branding.

Referral, No Commission

To a registered trademark agent you can verify yourself.

Actively Accepting Name Checks

Before you incorporate, or after, if you are worried.

Open Evenings and Weekends

9:00 AM to 8:30 PM, Monday to Sunday, from 13 Ontario offices and online.

Always Within Reach

Call 647-212-9559. We do not bill for calls while your search is open.

What the Search and Referral Includes

A knock-out search of the Canadian Trademarks Database for your exact name and obvious variants.
A written list of the registrations and pending applications in the same class as your goods or services.
A plain explanation of the difference between your corporate name and a registered trademark.
A read of your NUANS report against the trademark result.
A written recommendation on whether filing is worth it at all, including when our answer is no.
A referral to a registered trademark agent on the public register of the College of Patent Agents and Trademark Agents.
A referral file for the agent with your corporate details and our search result, so you are not billed to repeat yourself.
Written confirmation that we take no commission or benefit from the referral.
A note on which corporation in your structure should own the mark.
Diary notes of the three-year use date and the ten-year renewal date.

Start on the Intake Form Book Free Consultation

A corporate name is not a trademark

What a certificate of incorporation gives you

The right to use that legal name on the corporate register in that jurisdiction. See named company incorporation and business name registration.

What a registered trademark gives you

Under section 19 of the Trademarks Act, the exclusive right to use the mark throughout Canada for the registered goods or services.

Two systems, two offices

Corporate names come from Corporations Canada or the Ontario Business Registry. Trademarks come from the Registrar of Trademarks at the Canadian Intellectual Property Office.

The common failure

Years of branding on a name someone else owns as a trademark, followed by a forced rebrand.

What a NUANS report does not tell you

It lists trademarks, it does not clear them

A NUANS report shows similar names and marks, but does not decide who has the better claim. See our NUANS report service.

A registry examiner is not a trademark examiner

The examiner decides whether to accept a corporate name, not whether you may use it as a brand.

What NUANS never searches

Unregistered marks in use, domain names, packaging and social media handles.

Approved and still infringing

Under section 20 of the Trademarks Act, using a confusing trademark or trade name can infringe even if your corporate name was approved.

How a Canadian trademark application runs

Classes

Goods and services are grouped under the Nice Classification, and each extra class costs more.

Examination

CIPO publishes a monthly forecast of the wait to examination on its trademarks page. Recent forecasts have been around 7 to 8 months.

Advertisement and opposition

After examination the application is advertised in the Trademarks Journal, and anyone has two months to oppose.

Registration and term

A registration lasts 10 years under section 46 of the Trademarks Act and must be renewed.

Who is allowed to file a trademark for you

Registered trademark agents

Regulated by the College of Patent Agents and Trademark Agents, which keeps a public register you can check.

Unregistered agents

CIPO warns that unregistered agents are not authorized to represent applicants.

Filing it yourself

You may file your own application. It is reasonable for a simple word mark in one class, and risky when the search shows close conflicts.

How our referral works

The knock-out search first

A first screen of the Canadian Trademarks Database, not the full clearance search an agent will run.

What we hand to the agent

Your corporate details, your goods and services description and our search result.

No commission

We receive nothing from the agent, so we can tell you when a trademark is not worth filing.

Keeping the trademark once it is registered

Use it or lose it

Under section 45, after three years from registration, the owner can be required to show the mark was in use in Canada in the previous three years, or the registration can be removed.

Renewal every ten years

Renewal is not automatic. A missed renewal ends the registration.

The mark in your accounts

What you spend on the trademark is recorded as an asset of the corporation that owns it.

Free Name and Trademark Consultation

Case Studies: Names and Trademarks

Toronto Café – Renamed Before the Sign Went Up

The problem: A café owner had a clean NUANS report and was about to order signage.

What we did: Our search found a registered trademark for the same name in the restaurant class. The owner chose a new name before incorporating.

The result:

Rebrand avoided
Name changed at no extra registry cost
Referred to an agent to protect the new name

Mississauga Online Store – Worth Registering

The problem: An online seller shipping across Canada wanted to protect its brand.

What we did: The search was clear, we confirmed the brand carried the business, and we referred the file to a registered trademark agent.

The result:

Clear knock-out search
Agent engaged with a ready file
Holding company chosen as owner

Ottawa Practice – Not Worth It

The problem: A single-location practice trading under the owner’s surname asked about a trademark.

What we did: We explained that the registration would add little, so no referral was made and no fee was spent on a filing.

The result:

Honest no
No wasted fees
Corporate name kept as is

Start on the Intake Form

Simple Process

How the Search and Referral Works

Start Now See Pricing

Search before you brand, and before you incorporate if you can.

Step 1

Your Name

The name you want and what you sell.

Step 2

The Search

The Canadian Trademarks Database, read in writing.

Step 3

Our Advice

File, rename, or do not bother.

Step 4

The Referral

A registered agent, with a ready file and no commission.

Why Choose Open Corporation for $35 for Your Name Check?

Accurate and Compliant Filing

Articles prepared under the Business Corporations Act (Ontario) and checked against the registry rules before they are submitted.

Affordable, Fixed Pricing

Our fee quoted first, CIPO fees at cost, and no referral commission. A 60-day fee-matching policy backs it.

Planned Around Your Tax

Which corporation should own the mark, decided with your structure in mind.

Support After Filing

The parent firm keeps the books, files HST and payroll, and prepares the T2 and annual return when you need it.

Our Official Partners

Transparent Pricing – No Hidden Fees

Our fee for the search and referral is quoted to you in writing before any work begins. We do not file trademarks and take no referral commission. CIPO fees are indexed every January, so we confirm them on the day you file. See every fee, ours and the government’s, on one page.

Item	Amount	HST	Total	Who charges it
Knock-out search, written result and referral file, our fee	Quoted on request	Included in the quote	Quoted on request	Open Corporation for $35
Trademark application filed online, first class, 2026	$491.06	Not applicable	$491.06	Canadian Intellectual Property Office
Each additional class, 2026	$149.04	Not applicable	$149.04	Canadian Intellectual Property Office
Renewal filed online, first class, 2026	$595.06	Not applicable	$595.06	Canadian Intellectual Property Office
Renewal, each additional class, 2026	$185.49	Not applicable	$185.49	Canadian Intellectual Property Office
Registered trademark agent’s professional fee	Set by the agent	Charged by the agent	Set by the agent	Your trademark agent, billed to you directly
For comparison: Ontario Articles of Incorporation, filed online	$300.00	Not applicable	$300.00	Ontario Business Registry
For comparison: federal Articles of Incorporation, filed online	$200.00	Not applicable	$200.00	Corporations Canada

What Is Not Included

The trademark application itself. We are not registered trademark agents.
Any legal opinion on availability, registrability, infringement or passing off. We are a CPA firm, not a law firm.
A full clearance search, which the agent runs.
Searches of unregistered marks, domains, packaging or social media.
Searches outside Canada.
CIPO fees, paid at cost.
The agent’s professional fee.
Responding to examiner reports, oppositions or section 45 notices.
Any promise that a trademark will register.
Monitoring the Trademarks Journal or enforcing your mark.

How Long Each Stage Takes

Stage	Who	Time
Intake reviewed and your mark confirmed	Us	1 business day
Knock-out search and written result	Us	2 business days
Referral file sent to the agent	Us	1 business day
Agent’s engagement and filing	Your trademark agent	Set by the agent
Wait to examination	CIPO	Published monthly by CIPO, recently about 7 to 8 months
Opposition window after advertisement	Anyone	2 months
Registration term	Registrar of Trademarks	10 years, renewable

Before Anything Is Filed

What a CPA Checks Before You Incorporate

Start Your Intake Form

Registry approval is not ownership, whether of a brand or of shares.

Check 1

Who owns the mark

The operating company, or a holding company that licenses it down. See holding company setup.

Check 2

Share classes

Drafted for the ownership you expect within five years.

Check 3

Family shareholders

Tested under section 120.4 before any dividend.

Check 4

Year end and HST

A first year end within 53 weeks, and HST at $30,000.

Check 5

The cost of the mark

Recorded as an asset of the corporation that owns it.

Check 6

A business moving in

Goodwill and an existing name moved in on a section 85 rollover.

Is Your Name Already Someone Else’s Trademark?

Find out before you incorporate, brand or print anything.

Start on the Intake Form Book Your Consultation

Name and Trademark Checks Across Canada

Searches are done online, so you never need to visit. When you want to meet, our offices are open 9:00 AM to 8:30 PM, Monday to Sunday, on 647-212-9559.

Toronto (ON)

55 Queen St E Ste 1205, Toronto, ON M5C 1R6

Mississauga (ON)

2100 Camilla Rd #716, Mississauga, ON L5A 2J8

Brampton (ON)

4 Starhill Crescent, Brampton, ON L6R 2P9

Scarborough (ON)

24 Clementine Square, Scarborough, ON M1G 2V7

Vaughan (ON)

19 Cabinet Crescent, Woodbridge, ON L4L 6H9

Oshawa (ON)

210 Durham St, Oshawa, ON L1J 5R3

Ottawa (ON)

2090 Neepawa Ave a314, Ottawa, ON K2A 3L6

Etobicoke (ON)

60 Stevenson Rd #1601, Etobicoke, ON M9V 2B4

Hamilton (ON)

70 Starling Dr, Hamilton, ON L9A 0C5

Guelph (ON)

1155 Gordon St, Guelph, ON N1L 1S8

Windsor (ON)

4387 Guppy Ct, Windsor, ON N9G 2N8

North York (ON)

150 Graydon Hall Dr #912, North York, ON M3A 3B2

Cities we serve remotely

Remote incorporation inCalgary Remote incorporation inVancouver Remote incorporation inEdmonton Remote incorporation inMontreal Remote incorporation inWinnipeg Remote incorporation inLondon Remote incorporation inKitchener-Waterloo Remote incorporation inBarrie Remote incorporation inKingston Remote incorporation inHalifax Remote incorporation inRegina Remote incorporation inSaskatoon Remote incorporation inSurrey

See All Service Areas

Industries We Work With

Physicians

Dentists

Real Estate Agents (PREC)

IT Consultants

Restaurants and Food Trucks

Franchise Owners

E-commerce and Amazon Sellers

Manufacturing

Grocery and Convenience Stores

Import and Export

View All Industries

Name and Trademark FAQs

Is a corporate name the same as a trademark?

No. A corporate name comes from a corporate registry and is your legal name. A trademark comes from the Registrar of Trademarks at the Canadian Intellectual Property Office, and section 19 of the Trademarks Act gives the owner the exclusive right to use it throughout Canada for the registered goods or services.

Does incorporating protect my business name?

Only as your legal name on that register. It gives no trademark rights, and a trademark owner can stop you using a confusing name even after your corporation was approved.

Do you file trademarks?

No. We run a knock-out search, explain the result in writing, and refer you to a registered trademark agent. We take no commission from the agent.

Who is allowed to file a trademark application in Canada?

You can file your own, or use a registered trademark agent. Agents are regulated by the College of Patent Agents and Trademark Agents, which keeps a public register. CIPO warns that unregistered agents cannot represent applicants.

What does a NUANS report not tell you?

It lists similar names and marks but does not clear a name for use as a brand. It never searches unregistered marks, domains, packaging or social media.

Can my corporate name be approved and still infringe a trademark?

Yes. Approval of a corporate name is not a defence to infringement under the Trademarks Act.

How long does a Canadian trademark take to register?

CIPO publishes a monthly forecast of the wait to examination, recently around 7 to 8 months. After examination comes advertisement and a two-month opposition window, so total time is longer.

How long does a Canadian trademark registration last?

Ten years from registration, renewable for further ten-year periods if the renewal fee is paid. Renewal is not automatic.

Can I lose a registered trademark if I stop using it?

Yes. Three years after registration, the owner can be required under section 45 to show the mark was used in Canada in the previous three years, or the registration can be removed.

What does a trademark application cost in Canada?

In 2026, CIPO charges $491.06 to file online for the first class and $149.04 for each additional class. The fees are indexed each January. The agent’s own fee is separate.

Should I search before I incorporate or afterwards?

Before. The cheapest time to change a name is before anything is filed or printed.

Do I need a trademark if I only work in Ontario?

Not always. It is worth it when the name carries the business, you sell online or across Canada, you franchise, or you plan to sell. A single location trading under your surname often gets little from it.

Meet Your Name Check Team

A Chartered Professional Accountant reviews your name and structure before anything is filed.

Sharad Gondaliya, CPA

Principal

Bio

647-212-9559

Vandana Goel, CPA

Accounting Specialist

Bio

647-250-0242

What Our Clients Say

These Google reviews belong to Gondaliya CPA Professional Corporation and cover every service the firm provides. See all reviews.

Insights on Names and Brands

Numbered vs named company

Which one to incorporate.

NUANS report

What it searches and what it does not.

Business name registration

Operating names in Ontario.

Changing a corporate name

Articles of amendment explained.

See More Guides

10 Smart Name and Trademark Tips

Search before you incorporate

Changing later costs more.

Search before you print

Signs and packaging are expensive to redo.

Do not rely on NUANS alone

It is a name search, not a clearance.

Check the agent’s registration

Use the public register.

Pick classes carefully

Each extra class costs more.

Use the mark once registered

Non-use can lose it.

Diary the renewal

Every ten years.

Decide who owns it

Operating company or holding company.

Record it as an asset

In the owning corporation’s books.

Ask whether you need it

Sometimes the answer is no.

Browse Our Affordable Incorporation Services

Incorporation

Name and Address

After Incorporation

Verified CPA Firm

Gondaliya CPA Professional Corporation is registered with CPA Ontario under firm registration number 61330051. Our clients have left us 1,300+ five-star Google reviews, and we work from 13 Ontario offices, open 9:00 AM to 8:30 PM, Monday to Sunday. We back every filing with a 30-day money-back guarantee and a 60-day fee-matching policy, and we are a Xero Partner Award Winner 2026. Open Corporation for $35 is a department of Gondaliya CPA. See incorporation services at Gondaliya CPA.

CPA Ontario Membership Number

61040184

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CPA Firm Registration Number

61330051

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Search the Name Before You Build on It

Open Corporation for $35 is a department of Gondaliya CPA. Send us the name you want and what you sell. We search the Canadian Trademarks Database, put the result in writing, and tell you plainly whether a trademark application is worth filing. We do not file trademarks ourselves and take no commission from the agent we refer you to. Our incorporation fee is $35.00 with HST included. Send payment by Interac e-Transfer to info@gondaliyacpa.ca with the security question set to “Not Applicable”, as auto-deposit is enabled. Card is also accepted. We answer 9:00 AM to 8:30 PM, Monday to Sunday, on 647-212-9559.

Complete the Intake Form Book Free Consultation

All incorporation and corporate filing services

No legal advice

Gondaliya CPA Professional Corporation is a firm of Chartered Professional Accountants licensed by CPA Ontario, firm registration number 61330051. It is not a law firm. We prepare and file corporate documents and we provide accounting and tax advice. Nothing on this page is legal advice, and reading it creates no solicitor and client relationship. For legal advice, including advice on a shareholder agreement before you sign it, consult a lawyer licensed in the province where your corporation carries on business.

Open Corporation for $35 is a department of Gondaliya CPA.