Canada Not-for-profit Corporations Regulations

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

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

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

• (c) the nature of the goods, services or activities with which the trademark, official mark or trade-name is associated;

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

• (e) the degree of resemblance between the proposed corporate name and the trademark, 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.