How do I search the trademark and IP registers before buying a brand?

The registers show who has recorded rights in a brand, but they do not cover everything a business uses, so search several places and compare the results with what the seller says it owns. Start with the trademark register, then widen to names, other intellectual property and claims against the seller.

The Canadian Trademarks Database

The Canadian Intellectual Property Office (CIPO) points searchers to the Canadian Trademarks Database for registered or pending trademarks. A registered trademark is one entered in the Register of Trademarks, and CIPO compares registration to holding title to real estate. Check that the owner shown is the seller, because CIPO says ownership changes should be formally reported to the Registrar. Check the status too: CIPO says a registration lasts 10 years from the date of registration and may be renewed every 10 years after that, and it can be removed from the register if the mark goes unused for a long time.

Rights the register does not show

Registration is not required, and CIPO says using a mark for a certain length of time may give rights under common law. The Registrar does not register trade names, which are recorded separately in each province, so CIPO says there is no single, complete list of them in Canada. It calls trade-name searches complex and suggests hiring a trademark agent. Ask the seller which names the business trades under, then check each in the relevant province.

Patents and copyright

CIPO records transfers, changes of name and other documents for patents, and it records assignments, licences and security agreements against a copyright, issuing a certificate of registration for them. Ask the seller for any certificates and compare the names on them with the business being sold.

Claims against the seller

CIPO records security agreements against a copyright, so ask whether the brand or its content is pledged. A provincial personal property registry is the other place to look. Ontario’s Access Now shows whether a lien has been filed, Alberta’s registry searches by the legal name of a business debtor, and British Columbia’s Personal Property Registry records security interests and liens against personal property belonging to businesses and individuals. Ask your lawyer which registry and which names to search. Running a PPSA registry search walks through that step.