By Sepal Bonni and Cameron A. Axford

This article is part of an ongoing series on intellectual property for charities and not-for-profits (NFPs). In the previous article in the series we discussed the importance of trademarks for charities and NFPs. 

Many charities and NFPs use multiple names and trademarks to represent their legal existence, public face, and programs. Each type of name serves a different and unique function and carries different legal protections. Understanding the distinction between a corporate name, a business name, and a trademark helps organizations protect their identity, reduce legal risk, and present a clear and consistent presence to the public.

An organization’s corporate name is the legal name of the corporation. This name must appear on all legal documents such as incorporation documents, bank accounts, contracts, and tax filings. It is the legal entity that can own property, enter into agreements, and be sued. A corporation may use either a word name – a distinctive, non-confusing name reviewed by Corporations Canada or its provincial equivalent – or a numbered name (e.g. 1234567 Canada Inc.), which is automatically assigned to businesses and NFP corporations. Corporate names are essential for governance and legal compliance, but they may lack effective branding elements.

Registering a corporate name does not ensure that the name is available as a trademark in Canada, nor does government approval prevent others from using a similar name. Further, registering a corporate name, in and of itself does not provide exclusive rights in that name. A registered corporate name can still expose an organization to claims of passing off or trademark infringement if another party believes the names are confusingly similar.

A business name (also referred to as a trade or operating name) is any identifying name that an organization uses that differs from the corporate name. Frequently, the purpose behind a business name for charitable organizations and NFPs is to make their public identity simpler, more mission-focused, or more specific to a program. A business name makes a brand identifiable but does not automatically give exclusivity in the marketplace. If an organization carries on operations under a name other than its corporate name, then it must register that business name in the province or territory in which it carries on business. Registering a business name, like registering a corporate name, does not in itself grant trademark rights. It also does not prevent others from adopting a similar name, nor does it safeguard an organization from potential claims of passing off or trademark infringement.

A trademark is any word, logo, slogan, sound, or design used to identify and distinguish an organization’s goods or services from others. It functions as a branding tool that communicates source and quality to the public, including donors, beneficiaries, and partners. Trademark rights arise through continuous and consistent use in the marketplace, and they are significantly strengthened with formal registration with the Canadian Intellectual Property Office (CIPO). There are several advantages to registering a trademark in Canada. For charities and NFPs, one of the most significant is that registration is the only means by which exclusive nationwide ownership rights in a name can be secured, regardless of the geographic scope of actual use or reputation. In addition, a registered trademark provides enhanced enforcement mechanisms and allows the owner to prevent the registration of later filed marks that are confusingly similar. Given the above, organizations should file trademark applications for their corporate and business names, as well as core program names, logos, and any distinctive campaign marks it uses.

Understanding the differences between corporate name, business names, and trademarks is essential for effective brand management and protection. In the next article, we will explore the concepts of descriptive, generic, and distinctive trademarks to better understand the factors that determine trademark strength.

​Read the November 2025 Charity & NFP Law Update