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Canada Not-for-profit Corporations Regulations

Version of section 44 from 2011-10-17 to 2019-06-16:


 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if its use causes confusion with a trade-mark, official mark or trade-name, having regard to the circumstances, including

  • (a) the inherent distinctiveness of the whole or any element of the 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, services or activities with which the trade-mark, official mark or trade-name is associated;

  • (d) the nature of the trade with which the trade-mark, official mark or trade-name is associated;

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

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

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