Does Business Name Protection Matter to You?
Wednesday October 15, 2008
If it does, you'll want to consider the form of business you choose carefully.
It's certainly true that the sole proprietorhip is the easiest (and most inexpensive) business to set up, but it's also the form of business that gives absolutely no business name protection. Anyone can start a business with the same or a similar name if they wish.
Incorporation, on the other hand, does give some business name protection. When you incorporate your business provincially, that business name is reserved for your use in that province.
Note, though, that I say "in that province". Someone in another province (or elsewhere) could still register and use that name if they wished. For fuller business name protection, you would have to incorporate your business federally, which would give you the right to use your business name throughout Canada.
See How to Incorporate Your Business in Canada for a fuller explanation of provincial versus federal incorporation and an explanation of the steps neccesary to incorporate your business.
More on Business Name Protection
More on Incorporation

It's certainly true that the sole proprietorhip is the easiest (and most inexpensive) business to set up, but it's also the form of business that gives absolutely no business name protection. Anyone can start a business with the same or a similar name if they wish.
Incorporation, on the other hand, does give some business name protection. When you incorporate your business provincially, that business name is reserved for your use in that province.
Note, though, that I say "in that province". Someone in another province (or elsewhere) could still register and use that name if they wished. For fuller business name protection, you would have to incorporate your business federally, which would give you the right to use your business name throughout Canada.
See How to Incorporate Your Business in Canada for a fuller explanation of provincial versus federal incorporation and an explanation of the steps neccesary to incorporate your business.
More on Business Name Protection
More on Incorporation
- Should You Incorporate Your Small Business?
- Types of Corporation and Corporate Tax
- Getting Your New Corporation Up and Running



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