Trademark Registration – Best Way to Protect Property

Reel West

January 01, 2011

R & S:  Do you obtain any trademark protection in a name by incorporating a company with that name (or filing a declaration of partnership for a proprietorship)?

No.  Incorporation doesn’t protect the company’s name and it doesn’t provide any trade-mark rights at all.  At best, incorporating a company will prevent competitors from incorporating another  company under the same name.  However, it won’t stop a competitor from incorporating a company under a different name and then carrying on business under the name of your company (e.g., 123456 British Columbia Ltd. doing business as <Your Company’s Name> Entertainment).