Ontario & Other Provincial Business Name Registration

In most jurisdictions in Canada, including Ontario, registration of unincorporated business names is mandatory. Among other things, this would include a sole proprietorship and a partnership. Failure to register can lead to serious consequences, including fines.

In Ontario, the government requires its own special Ontario-oriented search before it will accept a name for registration. However, the search is very limited and searches only for an identical name. Even a slight difference will often be enough to get a registration. Thus, even if you do get registered, the name may very well be legally "confusing" with another name. The other business could sue you, and you may be ordered by the Court to change your business name and pay monetary damages.

Many people rely solely on this limited Ontario name search. In our opinion, this is not a good idea. A more thorough NUANS search is highly recommended, in order to find out if another business is already using a name that is similar enough to cause you legal troubles.