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.
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.

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.
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
Search before you brand, and before you incorporate if you can.
Your Name
The name you want and what you sell.
The Search
The Canadian Trademarks Database, read in writing.
Our Advice
File, rename, or do not bother.
The Referral
A registered agent, with a ready file and no commission.
Why Choose Open Corporation for $35 for Your Name Check?
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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 |
Registry approval is not ownership, whether of a brand or of shares.
Who owns the mark
The operating company, or a holding company that licenses it down. See holding company setup.
Share classes
Drafted for the ownership you expect within five years.
Family shareholders
Tested under section 120.4 before any dividend.
Year end and HST
A first year end within 53 weeks, and HST at $30,000.
The cost of the mark
Recorded as an asset of the corporation that owns it.
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.
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
Name and Trademark FAQs
Is a corporate name the same as a trademark?
Does incorporating protect my business name?
Do you file trademarks?
Who is allowed to file a trademark application in Canada?
What does a NUANS report not tell you?
Can my corporate name be approved and still infringe a trademark?
How long does a Canadian trademark take to register?
How long does a Canadian trademark registration last?
Can I lose a registered trademark if I stop using it?
What does a trademark application cost in Canada?
Should I search before I incorporate or afterwards?
Do I need a trademark if I only work in Ontario?
Meet Your Name Check Team
A Chartered Professional Accountant reviews your name and structure before anything is filed.
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.
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
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.
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.
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.

