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be informational only. We caution you against using or
relying upon any information contained in this article without
first seeking legal advice regarding your particular matter. All
matters arising from the use of our website, including this
article, shall be governed by Alberta law and shall be within the
exclusive jurisdiction of the courts of Alberta.
A distinction must be made at
the outset between trade names under the Trade-marks Act
(Canada) and trade names registered under the Partnership Act
(Alberta). This article deals with the latter not the former.
In certain circumstances,
entities must register a trade name under the Partnership
Act:
1. Partnerships carrying on
certain forms of business in Alberta (trading, manufacturing,
contracting or mining) must register the partnership,
including the partnership’s "firm name". (section
81). Generally speaking, where 2 or more persons are carrying
on a business in common with a view to profit, they will fit
the definition of a partnership under the legislation; and
2. Where a person is
carrying on a business for the purpose of trading,
manufacturing, contracting or mining, and is using a business
name other than the person’s own name, the person must
register a trade name (section 85).
Otherwise, any entity may
register a trade name.
There are several reasons why
you might consider registering a trade name including:
1. if you are a
proprietorship, you may wish to use a business name other than
your own name for marketing reasons.
2. if you are a numbered
company or otherwise have an awkward corporate name, you may
wish to carry on business under a name other than the
corporate name. Registering a trade name for use by the
corporation may protect you from personal claims where a party
alleges that you personally are behind the trade name, and not
the corporation.
3. if you prefer to drop the
corporate extension to your name, ie. corp., Ltd., etc, we
recommend registering the remaining name as a trade name.
4. the registration of a
trade name is evidence of use of the trade name and the date
of use. If a dispute arose between you and another person
regarding who first used the name, a trade name registration
may be useful in resolving the dispute.
The registration of a trade name does not give
you any proprietary rights to the name. To obtain such proprietary
rights you must register the trade name under the Trade-Marks
Act.
This paper was prepared by Tim
Platnich.
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