Do I have trademark rights in a corporate name?
A trade name is a name under which a particular business is carried on by an individual, partnership or company. It may be the corporate name of the company carrying on the business. A trade name displayed on products or associated with services may also function as a trademark.
Incorporation protects the name of the corporation only in the limited sense that the incorporation authority (e.g. the British Columbia Corporate Registry) will not allow incorporation of another company with an identical or a very similar name. However, this differs from a company’s ability to do business under its corporate name, or its use of the corporate name as a trademark. If the corporate name is identical or confusingly similar to a trade name or trademark under which another party conducts business in a competing marketplace, then this other party may prevent use of the registered corporate name. This is so even if the corporate trade name was adopted without knowledge of the established name or trademark, the business using the established name is not incorporated, and the Corporate Registry has “approved” the corporate name.