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Legalities
of Choosing a Business Name
You have the perfect business
name all picked out. You do a Canadian business name search and discover
there is another business on the other side of the country with the same
business name as you. What can you do?
As long as the business is
not operating in the same province as you, you are usually (but not always)
in the clear. You should be certain that you do not plan to move to another
province while using this business name, particularly the province where
the name is used. And if there is the possibility of moving to another
province, it is always good advice to register your business name in the
province too, to prevent all the headaches, not to mention expenses, that
crop up when you have to change a business name.
As long as there isn't another
business by the same name (or very similar name) opererating in your province,
you are able to register the name. If you want to be "Creative Wraps"
but there already is a "Creating Wraps" or a "Creative
Wrappings", your name could be rejected because it is a similar sounding
name that could create confusion.
Now, say the "Creative
Wraps Rentals" over in the east has registered Creative Wraps as
a trademark. Even if one province approves your business name, if the
"Creative Wraps Rentals" gets wind of your business name, they
could sue you and prevent you from doing business under than name, since
it is a trademark registered to them.
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