When you decide to incorporate your company, or register your business name, it is important that you do not accidentally infringe the rhbights of someone who has a registered trade mark. The mere fact of incorporating your company, or registering your business name, does not necessarily mean that you are clear to use the name. You should review your proposed choice with a trade mark professional.
If you incorporate federally under the Canada Business Corporation Act, the Act provides that a new corporate name must not be confusing with an already registered trade mark. Where a new corporate name is challenged by the owner of an existing trade mark, the Director considers whether the two names could be confusing in the minds of the ordinary public or consumer. The Director looks at all the circumstances and, where the challenge is upheld, he will direct the new corporation to change its name within 60 days. The Ontario Business Corporation Act contains similar provisions.
Business names are registered in Ontario under the Business Names Act. This Act requires corporations to register if they carry on business using a name other than their corporate name. Individuals must register if they are carrying on business under a name other than their own name. Individuals in partnership must register their partnership name. This is a registration system which ensures general compliance with its regulations but does not require a prior search for confusingly similar corporate names or trade marks.
It is prudent to review your proposed name with a trade mark professional rather than run the risk of having to change your name later, with the added inconvenience and expense, and potential for trade mark litigation.
Copyright © R. William Wray & Associates 1995-2007 All rights reserved.
The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007
