Does registering my business name in Ontario protect it from being used by others?

Registering a business name under Ontario's Business Names Act does not protect the name from being used by others. The provincial registry is a disclosure system — it tells the public who is behind a trade name — but it does not give you exclusive rights to use that name.

Someone else can register the same or a similar name in another province, incorporate a company with that name federally if it passes a NUANS search, or even use it in Ontario if they are willing to contest priority. The Ontario Business Registry will not register a name that is identical to an existing registered name, but it allows similar names to coexist.

True name protection in Canada comes from registering a trademark under the federal Trademarks Act with the Canadian Intellectual Property Office (CIPO). A registered trademark gives you the exclusive right to use that mark across Canada in association with your goods or services. Registration also puts others on constructive notice of your claim, which strengthens your position in disputes.

Even without federal trademark registration, common law rights can arise from actual use of a name in commerce — but those rights are geographic and harder to enforce. If your brand is important to your business, speaking with a lawyer about trademark registration is a worthwhile investment.