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Annex C - Protecting Your Corporate Name
The granting of a corporate name by the Director under the Canada Business Corporations Act
(CBCA) generally confers a degree of protection for that corporate name. However, the granting
of names under the CBCA does not in itself confer any rights to those names vis-à-vis corporate
names or trade-names which may have existed at the time of granting but which did not appear
on the NUANS® search report or which the Director did not, at the time of granting, consider
likely to cause confusion. Similarly, the granting of a corporate name may not protect you from
earlier or subsequent trade-marks of other parties.
The following gives a succinct overview of the relationship between trade-name, corporate name
and trade-mark rights and some general guidance as to how you can best protect your corporate
name and the goodwill associated with it.
Before an applicant applies for a corporate name, it is important for him or her to ensure
that there are no similar existing corporate names, trade-names or trade-marks. A
NUANS® search report, including trade-marks which are registered or proposed for
registration, is required to be filed with articles of incorporation, amendment, etc. and is
usually very reliable. Since, however, the NUANS® system is not foolproof, the applicant
remains responsible for any likelihood of confusion.
While a name granted by the Director will appear on future NUANS® searches required for
incorporation in the federal and most provincial jurisdictions, you may wish to conduct
your own NUANS® searches on a periodic basis after your name has been approved. This
would be done in order to ensure, to your own satisfaction, that no confusing corporate or
business name has subsequently been approved in the jurisdiction(s) in which you are
carrying on business, and to give you up-to-date information about trade-marks that have
been applied for or registered subsequent to the granting of your corporate name.
Using a corporate name which is similar to a registered trade-mark may result in liability
for infringement of the registered trade-mark, even if the trade-mark was registered after
the corporate name was granted. This is so because, under trade-marks law, the holder of
a corporate name bears the responsibility for ensuring that no new trade-marks are
registered which are confusing with that name. Information on registered and advertised
trade-marks can be obtained from the Trade-Marks Journal, distributed weekly by Supply
and Services Canada* or by conducting a search of one of the
various electronic trade-mark databases***. The holder of a
corporate name has the right, in certain circumstances, to oppose the registration of a trade-mark or to have a
trade-mark registration expunged.
Registration of a trade-mark is the best way to obtain the exclusive right to use the mark
in all of Canada in association with the wares and services for which the registration is
obtained. While the Trade-marks Office**can provide basic guidance, it is recommended
that a specialist (a trade-mark agent or trade-mark lawyer) be consulted. It should be
noted that trade-mark registration is not available for corporate names in all
circumstances.
* Canada Communications Group - Publishing
45 Sacré-Coeur Blvd.
Hull QC K1A 0S9
Tel.: 1-800-635-7943
Tel.: (819) 956-4800 Return to *
** Trade-Marks Office Trade-marks Office
Industry Canada
Phase I, Place du Portage
Hull QC K1A 0C9
Tel.: (819) 953-8098 (re: on-line databases) Return to ***
Tel.: (819) 997-1420 (re: general inquiries) Return to **
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