A trade name or business name is not the same as a trade-mark.

A trade-mark is a word, design or symbol (or any combination of these elements) that identifies the source of a product or service or distinguishes one's products or services from those of another. (A trade-mark is sometimes also referred to as a brand name or service mark.)

A trade name is a name used by a business, individual or partnership in its business activities. A trade name or business name identifies a business. It need not necessarily distinguish the owner's business from the business of others.

A corporate name is the legal name adopted by a corporation at the date of incorporation (or subsequently).

Provincial legislation in all provinces and territories requires the registration of business or trade names for information purposes. Federal and provincial legislation also requires the registration of corporate names for federally and provincially incorporated companies. Federally incorporated companies are regulated pursuant to the Canada Business Corporations Act. Each province and territory also has legislation that governs the incorporation and the granting of corporate names for provincially incorporated corporations.

In many cases a trade name, corporate name and business name are in fact the same word. A trade, corporate or business name can function as a trade-mark and, as such, is often registrable a a trade-mark. Conversely, many companies include an element of their trade-mark in their business or corporate name.

It is important to note, however, that registering one's business or trade name under such legislation does not provide protection to the owner against third parties registering or using the same or similar trade name or business name. Moreover, in the absence of use, a corporate name registration provides no protection against another party acquiring trade-mark rights in a confusingly similar trade-mark, either by registration or by use.