Protecting Your Business Name: Trademarks vs Business Registration

Registering a business name in Ontario (or incorporating) records who is behind the name, but it doesn't give you exclusive rights to it. A trademark does.

Business name registration

• Required in Ontario if you operate under a name other than your own (or your corporation's exact name).
• Doesn't stop someone else from using a similar name.

Trademarks

• A trademark identifies your goods or services: a name, logo, slogan or other sign.
• A registered trademark under the Trademarks Act gives you exclusive rights across Canada for the listed goods and services.
• Unregistered marks have some protection through use, but it is harder to enforce.

Before you choose a name

1. Search CIPO's trademarks database.
2. Search business registries and the web.
3. Avoid names that are only descriptive, such as "Best Plumbing".

Registering

• Apply to CIPO, listing your goods and services.
• Examination can take time; plan ahead.

If someone copies you

Keep evidence of your use and its dates, and get advice before sending a demand.

Sources

• Trademarks Act
• Canadian Intellectual Property Office: trademarks

Read next: Buying a Franchise in Ontario: Your Disclosure Rights

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: Open book, old books, and a quill on a desk · a desk with a sign on it that says defend.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.