April 15, 2025
Your business name is a critical asset—it represents your brand, reputation, and goodwill in the marketplace. In Ontario, protecting your business name involves more than just choosing a unique title; it requires legal steps to ensure that your name is safeguarded against misuse or infringement.
Here’s what you need to know about protecting your business name in Ontario.
- Conducting a Name Search
Before registering, conduct a NUANS (Newly Upgraded Automated Name Search) report to check whether your proposed name is already in use. This step helps avoid conflicts and potential legal disputes.
The cost is nominal, but in some situations it takes several searches to come up with a clear name.
- Registering Your Business Name
If you operate a sole proprietorship under a name other than your personal legal name, or if you run a partnership or corporation, you must register your business name with the Ontario Business Registry. Registration provides legal recognition but does not grant exclusive rights to the name.
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- Sole Proprietorships and Partnerships: Registering a business name does not prevent others from using a similar name.
- Corporations: Incorporating your business in Ontario grants name protection within the province, preventing another corporation from registering an identical or very similar name.
Registration has a nominal cost, currently $60.00.
- Trademark Protection for Exclusive Rights
Business name registration does not provide trademark protection. To gain exclusive rights to your business name across Canada, consider registering it as a trademark with the Canadian Intellectual Property Office (CIPO). A registered trademark:
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- Grants you exclusive rights to use the name in connection with your defined goods or services.
- Prevents competitors from using a confusingly similar name.
- Provides legal recourse if someone tries to infringe on your brand identity.
Trademark Registration requires hiring a Trademark Agent. Cost varies but is generally several thousand dollars. It is a worthwhile investment if your business name is going to be widely used. It is the only Canada wide protection.
- Monitoring and Enforcing Your Rights
Even with registration, businesses must actively monitor for potential infringements. Key steps include:
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- Regularly checking business directories and online platforms for similar names.
- Sending cease-and-desist letters if another business improperly uses your name.
- Taking legal action if necessary to enforce your rights.
- Domain Name and Online Presence
Securing a matching domain name (e.g., yourbusinessname.ca) is crucial for online branding and protection. If your online presence is important to you, as it should be, you should if possible, purchase both the .ca and .com variations. Registering social media handles also helps prevent others from misusing your brand identity online.
Takeaways
- Protecting your business name in Ontario requires a combination of legal registration, due diligence, and proactive enforcement.
- By incorporating your business, registering a trademark, and securing digital assets, you can safeguard your brand and maintain your competitive edge.
What Weilers LLP can do to help you
The corporate and commercial team are adept at helping clients with each stage of the name protection process. Whether you are starting a new business, or launching a new product, give us a call. We might be the right lawyers for you.