Before Naming Your Business

Review Existing Trademark and Intellectual Property

Before naming your business, it is important to review existing trademarks and intellectual property to ensure that you do not infringe on any existing rights. This is especially important in British Columbia, where trademarks are protected under the federal Trade-marks Act. The Trade-marks Act impacts small businesses in British Columbia by providing legal protection to their trademarks. This means that if you use a trademark that is already registered by another business, you may be liable for damages.

To avoid any potential legal issues, it is important to do a thorough trademark search before naming your business. This search can be done through the Canadian Intellectual Property Office (CIPO) website. If you find that there is already a registered trademark for the name you want to use, you will need to choose a different name for your business.

It is also important to note that you do not have to have a registered trademark in order to get protection in Canada. However, if you do not have a registered trademark, your protection will be limited to the geographic area in which you use your mark. By registering your trademark, you will gain nationwide protection for your mark, which will make it more difficult for others to infringe on your rights.