Corporate Name Protection vs. Registered Trademarks

Is My Corporate Name Protected Once Registered?

Provincial corporations: Registering provides limited protection within the province of registration only. Others are prevented from registering the same or similar name in that province, but not in other provinces.

Federal corporations: Greater protection — others are restricted from registering the same or similar name across Canada.

Limitations

The policing of similar names is usually left up to the person seeking to register. Enforcement is limited to requesting the corporate registry to force a name change, or suing for “passing off,” which is difficult and expensive.

Benefits of a Registered Trademark

If your brand is important, we recommend a trademark. Benefits include:

• Protection across Canada regardless of where your corporation is registered
• Protects against registration AND use of confusingly similar names
• Ability to sue for trademark infringement (easier than “passing off”)
• Advantages in domain name disputes

A registered trademark can also cover slogans and logos, but most corporations seek protection for their corporate name first.