Trademark search (Canadian Trademarks Database)

A buyer of a branded business runs this search to see whether the brand is on the register and whose name it is under. CIPO describes the search as covering trademarks, including all marks that were cancelled, expunged, abandoned or refused. For the full steps, see searching the trademark and IP registers before buying a brand.

What the search can miss

CIPO says trademarks do not have to be registered in Canada and may be protected under common law, or in Quebec, civil law, so a brand missing from the database is a question to ask, not a conclusion. Its guide adds that the Registrar does not register trade names, so those need a separate search. Its guide also says a proper search checks different possible versions of the mark, including all possible spellings, including in French. See common-law trademark rights.

What to ask

• Which marks the seller says belong to the business, and whether each shows up in the search.
• Whether each registration is live, or was cancelled, expunged, abandoned or refused.
• Who the registered owner is, and whether it is the seller.