Do You Own Your Business Name?

The Advisor Current Business and Personal Services Law Issues SPRING 2012 You've obtained a name search at Corporate Registry, reviewed a NUANS report, and registered your corporation at the federal or provincial corporate registry. You may have even registered your trade name. So, you own your business name right? Not necessarily.

Registering your corporation or trade name will not, in itself, allow you to prevent a competitor from using your business name or trade name to offer wares or services to the public. Business owners are often surprised by this fact, and cannot understand how a competitor could operate its business using a highly similar, or even identical, business name. The fundamental reason is that corporate or trade name registration does not provide your business with trade-mark protection, and it is trade-mark law that gives the highest and best rights to use of business names.