Expert: Nyall Engfield - 2/25/2011

Question
Good Afternoon,

I am in the process of setting up a small business and have selected a name for it. I am located in Ontario, Canada and when I searched the business name that I would like to use I found two other business with the same name. One of the businesses is located in BC and offers the same services that I would like to offer. How do I find out if either of the other two business have a copyright on the business name? I would really like to use this name for my own business if it is possible to do so without encountering legal issues. I would really appreciate your help.

Thanks in advance,
CL

Answer
The other company may have a trade-mark registration on its name, which would appear on CIPO's website under "Trade-marks database". Just enter the name and see what results come up; look into the trade-marks that are not abandoned or expunged. If there is no trade-mark registration, there may still be trade-mark rights at common law, but generally for those rights to apply the trade-mark would share the market with your product, such that it may be confusing. For example, if the company only operates in BC, and you only operate in Ontario, then it is arguable that it would not be confusing, despite sharing the name.