What is a trade name then?
A trade name is used to identify your business or company. A company can be incorporated Federally or in any Provincial jurisdiction. A business name, often referred to as a proprietorship or partnership name, can be registered only in the Provincial jurisdictions.
Beware :
- The registration of a Provincial partnership/proprietorship name offers little or no trade name protection.
- Most of the Provincial Registrars responsible for granting corporate and business names will allow another party to incorporate a similar corporate name notwithstanding the prior existence of a partnership or proprietorship name.
- Corporate and business name protection only extends to the jurisdiction that the name is registered or incorporated in.
- Corporate and business name registration/incorporation affords little protection from trade-mark misappropriation.
It is a common misconception amongst business owners that incorporation of a company or the registration of a proprietorship/partnership name affords you trade-mark protection.
"I have incorporated my company in British Columbia. I'm protected... right?". WRONG!
| A Trade name | A Trade-mark |
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