One often overlooked, and misunderstood, aspect of law is the distinction between a business name and a trade-mark.   The fact that a business name has been registered does not mean that you have the same rights and protections as you do with a trade-mark.

Many companies are dismayed to know that business name registration will not prevent competing companies from using the same or similar name, and that registration will not be an absolute defence in a trademark infringement case.  

A business name registration does not provide adequate protection for a name, and, of course, does not protect the names of products sold by the business at all.   A business name registration also does not protect images, slogans or logos used in connection with the name.  

A trade-mark registration does provide these protections, and provides mechanisms to enforce your trade-mark.

The difference between the two is largely the result of the purposes of registration.   The purpose of a business name registration is to provide information to the public about who it is doing business with, and to enable the public to find information about who is behind the public name.   The purpose of a trade-mark registration is more specific, and is focused on assisting the business itself.   It is aimed at granting and protecting the exclusive right to use that name throughout Canada.

Trade-mark registration for a business name is not absolutely necessary in all situations.   Much will depend upon the use of the business name.   If the name is being used on a product, or as the name of a product, registration of the name as a trade-mark is very important.   If the name is not being used in this manner, trade-mark registration is less of a concern.

If you would like to discuss the advantages of trade-mark registration, and whether or not it is needed for your business, or have any other questions, you can contact me at   lori.hall@gowlings.com.   Also, you can check out our website  here.