BUSINESS NAMES

I have written this report based on questions often asked of me while in private law practice in British Columbia and Alberta, Canada, since 1975. Although my first hand experience is limited to those jurisdictions, I have written in non-legal terms and with general principles in mind so that the information will be helpful, in varying degrees, in most jurisdictions of Canada and the United States.

When you go into business, you usually adopt some name in the marketplace that you intend customers to relate to your product or service.

As such, control over your business name becomes important to you.

The control that you have over your business name is subject to a number of factors, and each situation must be examined separately. However, in general terms, there is a hierarchy of control that will help you understand the issues.

The hierarchy follows this pattern, moving from low control to high control.

1. You have just started using your business name, and it has never been registered in any manner.
2. You have registered your business name as a "trade name" under provincial legislation.
3. You have registered your business name as a company under provincial legislation.
4. You have registered your business name as a company under federal legislation.
5. You have registered your business name under legislation for trade marks and trade names.
6. You have done 3, 4, and 5 above, and you have also been using your business name longer than anyone else in your marketplace.

You wouldn't expect to read anything "legal" without some kind of caution - so here it is. This report is general information only and not to be relied upon without legal advice. For legal advice, call us.

Hoped this helped,

Best regards,

Derek McManus, MA (Econ), LlB.

Derek McManus Law Corporation

Phone 833 4720

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