Choosing a
corporate name is probably the most difficult task of incorporating a business.
Every corporation must have an acceptable name at the time of their
incorporation because the corporation will then exercise its rights and carry
out its obligations under this name. All corporate names must conform to
various statutory requirements.
The most common
concern when trying to select a corporate name is that corporate name cannot be
identical to or lead to confusion with another corporation or business already
using an identical or similar name.
A corporate
name is generally made up of 3 parts:
Distinctive element;
Descriptive element; and
a legal ending.
The distinctive
element of the name is the part that makes distinctive from other corporations,
i.e. what makes them different. The more different or fanciful the name the
better.
The descriptive
element describes the main activities or type of business of the corporations.
The legal
ending indicates that it is in fact a legal corporation and not just a business
registration or partnership. You can choose from the following words:
Incorporated, Limited and Corporation, or their respective abbreviations: Inc.,
Ltd. and Corp.
All
corporations MUST have a distinctive element and a legal ending to their names.
Some corporations choose not to have a descriptive element.
For example, in
the name "Tiger Computers Inc." the word "Tiger" is the
distinctive element; the word "Computers" is the descriptive element;
and the "Inc." is the legal ending.
Below are other
examples of corporations' names:
Type of Name
|
Distinctive
Element
|
Descriptive
Element
|
Legal
Ending
|
Coined
Word
|
Zazoul
Golem
Entarpa
|
Video
Rentals
Management
Software
|
Inc.
Ltd.
Corp.
|
Family Word
|
Wilson
J. Fedders
Lee
|
Holdings
Restaurant
Cleaners
|
Incorporated
Limited
Corporation
|
Descriptive
Name
|
Smart
Big and Tall
Budget
|
Systems
Clothing
Catering
|
Inc.
Corp.
Ltd.
|
Geographic Word
|
Toronto
Ontario
Montreal
|
Perfumes
Web Marketing
Computer Depot
|
Incorporated
Limited
Corporation
|
General
Name
|
General
AAA
Neighbourhood
|
Trucking
Rentals
Enterprises
|
Inc.
Corp.
Ltd.
|
Distinctive Only
|
Ashkar
BlueCell
iFast
|
-
-
-
|
Incorporated
Limited
Corporation
|
To increase the
chances of your proposed name being accepted or not be in conflict with another
business or corporate name or trademark, it is recommended that you choose a
name that both accurately describes your business and is as specific and
distinct as possible. If your proposed corporate name uses common or popular
names, the chances of it being accepted are decreased dramatically.
Furthermore, you may be prohibited from using a corporate name, which is either
identical or deceptively similar to one that is already used by another
corporation or competitor in your jurisdiction.
What am I not
allowed to include in a corporation name?
Your corporate
name cannot be identical to or lead to confusion with another corporation or
business already using an identical or similar name. The criteria typically
used to determine if there is confusion include:
distinctive character of each name and
each of their elements
visual and phonetic similarity
similarity in the ideas they evoke
manner in which the names are used
notoriety of each name
actual or potential competition between
the corporations
nature and quantity of goods and
services offered
territory and number of persons served
by both corporations
Also, there are
certain words that are typically prohibited for business corporations. These
include:
Obscene word or wording
Co-op, co-operative or any variation
RCMP
Parliament Hill
United Nations
Red Cross
Housing
Association
Any wording that might be confusing with
a government institution
Engineering, Engineers
College, University,
Institute