Business Law
Business Name Registration
Business Law
Experienced Lawyers for Business Name Registration
Choosing an apt name for your business is perhaps the most critical marketing decision you will ever make for your firm. Obviously, the name must reflect the nature, scope, and vision you have for your business. At the same time, it is important to be absolutely sure that you are not choosing a name already in use or even a similar-sounding name. Our business lawyers can help you with the legal formalities involved in the process of registering your name and can also take the necessary legal steps to trademark and protect your brand name and identity from potential misuse and imitations.
What are the things to consider when choosing a name for your business?
Select a suitable name for your business
- You need to come up with a name that reflects the nature of your business and the vision you have for its future growth.
Confirm if the name is already being used
- Use tools such as Nuans, which is the official Canadian government tool for searching business names already in use and trademarked brand names.
- Search business registries at the federal and provincial levels to see if the name is taken.
- Remember to look not just for exact matches, but also for similar-sounding names. Using a name similar to your competitor’s is a lawsuit waiting to happen.
Registering your business name
- The process here will also depend on the business structure of your firm. For example, if you are incorporating your business, the name registration is part of the business incorporation process at the federal or provincial level.
Registering your trading name at the provincial level
- If you are planning to conduct your business operations under a different trading name rather than the legal name of your firm, you need to register this name as well at the provincial level.
Trademarking your business name
- It is always advisable for you to trademark your business name to protect it from misuse or imitation by competitors.
In all of the above steps, it is best to seek the advice of a business lawyer to ensure that you are not infringing upon the trademark rights over a business name already in use and to make sure that your name and brand remain legally protected in the future.
What are the basic steps involved in registering your business?
- Decide on the business structure for your firm.
- Choose a name that best reflects the nature and vision of your firm.
- Confirm if this name is indeed available for registration.
- Register your firm at the provincial or federal level.
- Register your firm with the Canada Revenue Agency.
- Apply for the necessary licences and permits for running the business operations.
How can our Business Lawyer help you?
Legal advice and guidance
It is always best to follow the advice of a qualified business lawyer in this matter. Your lawyer will advise you on the business structure for your firm, checking and confirming if the name you selected is indeed available for registration, and whether it is best to do the registration at the federal or provincial level.
Handling documentation and procedural compliance
Whether you are registering the name of your business or doing it as part of the incorporation process, the process will involve a lot of documentation and verification. Typically, the compliance and documentation requirements tend to be higher at the federal level. You can rely on our business lawyer to take care of all such requirements on your behalf.
Ensuring the legal protection of your business name and brand identity
After the registration of your business, it is important that you take the necessary legal steps with the help of a business lawyer to protect your brand name and business identity. This can be done by trademarking them at the provincial or federal level, for an initial period of 15 years or subsequently for indefinite protection. Your lawyer will advise you on the best course of action.
Start Your Business with Confidence
If you are planning to set up a business and are worried about the initial formalities, such as registering your business name and applying for a business number or a GST/HST number for federal or provincial tax, do not hesitate to reach out to our business lawyers for legal guidance and assistance. Get in touch with our legal team today to schedule a consultation!
Frequently Asked Questions
Do I need to register the name for my small business in Canada?
In most cases, you will have to register the name of your business to start operations. The only exception is when you are running your sole proprietorship under your legal name or your partnership business under the legal name of one of the partners. In all other cases, it is a requirement for a small business to register its name to start business operations.
What is the revenue limit for the exemption from GST/HST registration applicable to small businesses?
If your business is making an annual revenue below the threshold of $30,000, the Canada Revenue Agency considers it to be a small business. It is not mandatory for such small businesses to register for GST/HST with the Canadian Revenue Agency. In fact, once your annual revenue crosses this $30,000 mark, you are required to register for a GST/HST number within 30 days.
Is it possible for me to start a business without registering in Canada?
As a sole proprietorship, operating under your legal name, you do not have to register your business as long as the annual revenue stays below the $30,000 mark. If you want to operate your business under a trading name, to hire employees, or when your annual revenue crosses $30,000, you will need to register for a business number as well as a GST/HST number.
How to confirm that the name of my business is indeed unique and not in violation of any trademarks?
You are well advised to consult a business lawyer to ensure that you have the full legal right to register the name you have chosen for your firm.
- You can use tools such as Nuans, which is the official Canadian government tool for searching business names and trademarked names.
- You can also search business registries at the federal and provincial levels to see if the name is already in use.
- You need to look not just for exact matches, but also for any similar-sounding names. Your competitor might still sue you if you use a name very similar to theirs.
Our business lawyer will do the necessary due diligence and confirm the availability of the name before registration.
What are the benefits of trademarking my business name?
By trademarking your firm’s name, you are ensuring that your firm’s name and business identity are protected from misuse or imitation by competitors. This can be done at the provincial or federal level. Our business lawyer can help you with the formalities, which will protect your brand identity for an initial period of 15 years, which can also be extended to lifetime protection.
What is the difference between a business name and a trading name?
Trading name refers to the name your business is trading under, while business name refers to the registered legal name of your business. If you are a sole proprietor operating under your legal name, there is no need to even register your business name. However, the same proprietorship operating under a trading name will have to register it at the provincial or territorial level. The trading name is the public-facing identity of your business, which can be different from the legally registered name.
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