Assignment of trademarks

An assignment of trademarks is the transfer of ownership of a trademark, registered or unregistered, from one owner to another. Trademarks in Canada are federal, and the Trademarks Act allows a trademark to be transferred with or without the goodwill of the business. The new owner should ask CIPO to record the transfer on the register.

How BC law treats it

Trademarks are governed by the federal Trademarks Act, RSC 1985, c T-13, which permits transfer with or without goodwill (s. 48(1)). The Registrar at the Canadian Intellectual Property Office, a federal agency, records the transfer of an application or registers the transfer of a registered trademark on request of the owner, or of the transferee with satisfactory evidence of the transfer (s. 48(3) and (4)). The BCBCA does not govern trademark transfers.

What it means for your business

A buyer of a business should take a written assignment of all trademarks and have CIPO record it, so that the register shows the correct owner.

Risks and common mistakes

Transferring a trademark separately from the business can create confusion about who the mark identifies, which may affect its distinctiveness and validity.

For the full explanation, see our entry on Assignment of intellectual property.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.