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ARTICLE · 20 OCTOBER 2011

Trademark Registration - Best Way To Protect Property

R & S: Do you obtain any trademark protection in a name by incorporating a company with that name (or filing a declaration of partnership for a proprietorship)?

CanadaIntellectual Property

R & S: Do you obtain any trademark protection in a name by incorporating a company with that name (or filing a declaration of partnership for a proprietorship)?

No. Incorporation doesn't protect the company's name and it doesn't provide any trade-mark rights at all. At best, incorporating a company will prevent competitors from incorporating another company under the same name. However, it won't stop a competitor from incorporating a company under a different name and then carrying on business under the name of your company (e.g., 123456 British Columbia Ltd. doing business as (Your Company's Name) Entertainment).

R & S: What advantages do you obtain from trademark protection?

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