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Trademark hygiene: A cautionary tale

By David J. French

Businesses, particularly when they are starting out, often make the mistake of assuming that by merely incorporating they have reserved their name. They have acquired some rights, but only in the smallest sense. The corporate register that issues a corporate name, for example the province or the federal government, will not create another corporation with the same name. But that does not mean that merely because a corporation has been formed that such company has the right to stop others from using its name simply because it has been incorporated.

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