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Canada Business Corporations Regulations, 2001

Version of section 25 from 2006-03-22 to 2010-03-24:

 For the purpose of paragraph 12(1)(a) of the Act, a corporate name is prohibited if it is confusing, having regard to all the circumstances, including

  • (a) the inherent distinctiveness of the whole or any elements of any trade-mark, official mark or trade-name and the extent to which it has become known;

  • (b) the length of time the trade-mark, official mark or trade-name has been in use;

  • (c) the nature of the goods or services associated with a trade-mark or an official mark, or the nature of the business carried on under or associated with a trade-name, including the likelihood of any competition among businesses using such a trade-mark, official mark or trade-name;

  • (d) the nature of the trade with which a trade-mark, an official mark or a trade-name is associated, including the nature of the products or services and the means by which they are offered or distributed;

  • (e) the degree of resemblance between the proposed corporate name and a trade-mark, an official mark or a trade-name in appearance or sound or in the ideas suggested by them; and

  • (f) the territorial area in Canada in which the proposed corporate name or an existing trade-name is likely to be used.

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