What's in a business name? More than you might think.

What's in a name? A lot, actually - especially if you want your business, whatever its size, to stand out and stay in business.

You want a name that's unique, memorable, and easy to tell apart from every other business out there, while also keeping copycats at bay. But choosing - and protecting - that name takes more than printing business cards and holding onto dated receipts to "prove" you got there first.

Register Your Name

If you're operating under any name other than your own full legal name, you need to register it. So while "Justin Broomfield" is perfectly fine on the sign above your shop door, "Broomfield's Broom Barn" has to be registered as a business name in Ontario.

Here's the catch: registering doesn't actually stop anyone else from using it. The filing language itself can be confusing, and it's a common misconception that registering your preferred name reserves it exclusively for you. In reality, registration only gives you the legal right to use that name in the province where you operate - it doesn't grant exclusive ownership.

Consider Incorporating

If you want stronger protection, incorporating - either provincially or federally - is the next move. It's a bigger investment, but it comes with real advantages: protection against identical names being registered, plus potential benefits around tax, liability, and succession planning.

Incorporating includes a NUANS name search, the government-recognized report that checks for identical or similar-sounding registered corporate names and trademarks. As the person registering the name, it's on you to make sure nothing on that list could be confused with yours - which is exactly why it pays to choose a name that's genuinely distinct from others in your industry.

One thing to keep in mind: provincial incorporation only protects your name within Ontario. That means there could, in theory, be another "Broomfield's Broom Barn" operating in another province. Federal incorporation extends that protection nationwide and helps prevent that kind of overlap.

Trademark Your Name

For the highest level of protection available in Canada - one that covers your name, brand, and logo coast to coast to coast - a registered trademark is the way to go. It's the more costly option, but it ensures that your name and logo legally belong to you or your corporation alone.

Protection Is Great - But You Still Have to Police It

Registering, incorporating, and trademarking all put your ownership on the official record. But actually protecting that name day-to-day is still up to you. If you come across a business that's clearly copied your name or logo - and yes, that might mean spending part of your week scouring the internet - it's time to talk to a lawyer to keep that name exactly where it belongs: with you, and only you.

More information?  We’re here to help – business@wardlegal.ca 

This WARDS LAWYERS ^PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.