Canada Corporations Regulations (C.R.C., c. 424)
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Regulations are current to 2012-05-14 and last amended on 2010-03-11. Previous Versions
Confusion of Names
13. A corporate name is confusing with
(a) a trade mark if the use of both the corporate name and the trade mark is likely to lead to the inference that the business carried on or intended to be carried on under the corporate name and the business connected with the trade mark are one business, whether or not the nature of the business of each is generally the same; or
(b) a trade name if the use of both names is likely to lead to the inference that the business carried on or intended to be carried on under the corporate name and the business carried on under the trade name are one business, whether or not the nature of the business of each is generally the same.
Consideration of Whole Name
14. Subject to section 19, when determining whether a trade name is distinctive, the name as a whole and not only its separate elements shall be considered.
Reservation of Name
15. A request to search and reserve a corporate name may be in Form 5 of Schedule I or may be made by telephone.
Prohibited Names
16. For the purposes of section 11, a corporate name is prohibited where the name contains any of the following:
(a) “Air Canada”;
(b) “Trans Canada Airlines” or “Lignes aériennes Trans Canada”;
(c) “Canada Standard” or “CS”;
(d) “Cooperative”, “Coopérative”, “co-op” or “pool” when it connotes a cooperative venture;
(e) “Parliament Hill” or “Colline du Parlement”;
(f) “Royal Canadian Mounted Police”, “Gendarmerie Royale du Canada”, “RCMP” or “GRC”; or
(g) “United Nations”, “Nations Unies”, “UN” or “ONU”.
17. For the purposes of section 11, a corporate name is prohibited where the name connotes that the corporation
(a) carries on business under royal, vice-regal or governmental patronage, approval or authority, unless the appropriate government department or agency requests the name in writing;
(b) is sponsored or controlled by or is affiliated with the Government of Canada, the government of a province, the government of a country other than Canada or a political subdivision or agency of any such government, unless the appropriate government, political subdivision or agency consents in writing to the use of the name;
(c) is sponsored or controlled by or is affiliated with a university or an association of accountants, architects, engineers, lawyers, physicians, surgeons or any other professional association recognized by the laws of Canada or a province unless the appropriate university or professional association consents in writing to the use of the name; or
(d) carries on the business of a bank, loan company, insurance company, trust company, other financial intermediary or a stock exchange that is regulated by a law of Canada or a province unless the appropriate government department or agency consents in writing to the use of the name.
18. For the purposes of section 11, a corporate name is prohibited where the name contains a word or phrase that is obscene or connotes a business that is scandalous, obscene or immoral.
