I've Registered My Business Name — Isn't My Brand Protected?

Starting a business comes with a long list of things to do. You choose a name, register the business, secure a domain, create a logo, build a website and start introducing your brand to customers.

Once the business name is registered, it's easy to assume that the name is now yours.

But is it protected?

Not necessarily.

Business Registration and Trademark Registration Are Different

Registering a business, corporation or trade name allows you to operate your business under that name. It does not necessarily give you exclusive trademark rights to use that name as a brand.

Trademark registration serves a different purpose.

A trademark identifies the source of particular goods or services and helps distinguish one business from another. A registered trademark can provide its owner with important rights to the trademark throughout Canada in connection with the goods and services covered by the registration.

That distinction can become very important as your business grows.

What Are You Actually Building?

Think about everything you may eventually attach to your business name:

Your website. Your social media accounts. Signs. Packaging. Advertising. Business cards. Uniforms. Vehicles. Products. Promotional materials.

More importantly, customers begin associating that name with you.

Every positive review, referral, advertisement and successful transaction contributes to the reputation and goodwill surrounding your brand.

That means your name may eventually become much more than the name appearing on your business registration.

It becomes an asset.

What Happens If Someone Else Has a Similar Trademark?

Imagine spending several years developing a business only to discover that another party has prior trademark rights to the same—or a confusingly similar—name.

Suddenly, the cost isn't simply a trademark application.

You could potentially be dealing with new signage, packaging, website changes, social media accounts, marketing materials and the challenge of introducing customers to an entirely new identity.

This is one reason trademark considerations are worth addressing before making a significant investment in a new brand.

“But I Searched Google and Nobody Else Is Using It.”

That's an excellent place to start—but it isn't necessarily where the search should end.

Trademark issues aren't limited to finding another business using an identical name.

Similar names, related goods and services, existing trademark applications and registrations, and other factors may all need to be considered when evaluating a proposed trademark.

A proper trademark search and assessment can help identify potential concerns before you invest heavily in a particular brand.

When Should You Consider Trademark Protection?

Ideally, trademark considerations should become part of your planning early in the life of your business.

That might be when you're:

• Choosing a new business or product name

• Developing a logo or brand identity

• Launching a new product or service

• Building an online store

• Expanding into new markets

• Franchising or licensing your brand

• Preparing to sell outside Canada

You don't necessarily need to wait until your business becomes large before thinking about intellectual property.

In fact, addressing these questions earlier may help prevent larger and more expensive problems later.

Your Brand Is Worth Protecting

You invest time, money and creativity into developing a name people recognize and trust.

Protecting that identity should be part of protecting the business itself.

Business registration may establish your business.

Trademark protection helps protect the brand you're building around it.

Ready to Protect Your Brand?

If you're building a new brand—or you've already built one and aren't sure whether it's properly protected—professional trademark guidance can help you understand your options and determine the right next step.

Protect what you're building. Protect your brand.