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If you’re starting a business in Ontario or operating under a name that’s different from your legal entity name, there’s a good chance you need to register a trade name. Whether you’re a sole proprietor, part of a partnership, or running a corporation, understanding what a trade name is—and how it works under Ontario law—is essential.
Trade names (also called “operating names” or “doing business as” names) are widely used by entrepreneurs and established companies alike. But many business owners mistakenly believe that using a trade name automatically gives them legal protection or branding rights. That’s not the case.
In this blog, we explain what a trade name is, when and how to register one in Ontario, and what legal risks to avoid. We also cover how AMAR-VR LAW helps businesses navigate trade name registration and protect their brand identity effectively.
What is a Trade Name?
A trade name is any name a business uses to operate that is different from its legal name. It’s the name customers, clients, or the public may see on storefronts, marketing materials, invoices, websites, and business cards.
For example:
- If “Jane Smith” runs a consulting business as a sole proprietor under the name “Smith Strategy Group”, that’s a trade name.
– - If a corporation called “12345678 Ontario Inc.” operates as “Red Maple Coffee”, “Red Maple Coffee” is the trade name.
In Ontario, trade names must be registered under the Business Names Act if they differ from the legal name of the individual or corporation operating the business.
Legal Requirements for Trade Names in Ontario
Registration is Mandatory—With Some Exceptions
If you are a sole proprietor, partnership, or corporation doing business under a name that does not exactly match your legal name, you must register the trade name with the Ontario Business Registry.
Exceptions:
- If a sole proprietor is doing business under their exact full legal name with no additions (e.g., “John Smith”), no registration is needed.
– - If a corporation uses its full legal name (e.g., “Brightlane Media Inc.”) in all business dealings, no trade name is required.
Trade Names Do Not Provide Legal Protection
This is a common misconception. Registering a trade name:
- Does not grant exclusive rights to use the name
– - Does not prevent others from using a similar name
– - Does not create a trademark
If brand protection is important, registering a trademark under the federal Trade-marks Act is a separate process.
Trade Name Registrations Expire
Trade name registrations in Ontario are valid for five years and must be renewed to remain active. You are responsible for tracking the expiry and submitting the renewal on time.
Why Use a Trade Name?
There are many legitimate reasons to register and use a trade name, including:
Branding and Marketing Flexibility
Your legal business name might not be customer-facing or marketing-friendly. A trade name allows you to present a more polished or descriptive brand to the public.
Example:
“2783456 Ontario Inc.” may be the legal name, but “Parkway Digital” makes a better impression on clients.
Operating Multiple Brands
A single business entity can operate under multiple trade names to target different markets.
Example:
A holding company could operate separate businesses as “Eastend Property Group” and “Riverbank Renovations,” each registered as a trade name.
Privacy Considerations
Sole proprietors may prefer using a business name that doesn’t reveal their personal legal name in public-facing materials.
How to Register a Trade Name in Ontario
Registering a trade name in Ontario is relatively straightforward, but accuracy matters. Here’s how the process works:
Step 1: Choose Your Trade Name
The name must:
- Be distinctive and not misleading
- Not include words restricted by law (e.g., “bank,” “insurance,” “university”)
- Not imply incorporation if the business is not a corporation
Important: Unlike incorporating a named corporation, no name search or NUANS report is required for trade names—but that also means your name may conflict with others unless you take additional steps (such as a trademark search).
Step 2: File Through the Ontario Business Registry
Trade name registrations are submitted online through Ontario’s Business Registry. You’ll need to provide:
- Your legal business name and registration number (if applicable)
– - The proposed trade name
– - Your business address and contact information
Step 3: Pay the Registration Fee
As of 2025, the registration fee is approximately $60–$80, depending on the business type and filing method.
Step 4: Renew Every Five Years
Trade name registrations expire after five years. You must renew before expiry to continue using the name legally.
Risks of Not Registering a Trade Name
Failing to register your trade name can result in:
- Fines or penalties under the Business Names Act
– - Delays in opening business bank accounts
– - Inability to sign contracts or invoices under your trade name
– - Loss of credibility with clients, suppliers, or lenders
It can also create confusion about the legal identity of your business, which becomes especially problematic if disputes or lawsuits arise.
Trade Names vs. Trademarks: What’s the Difference?
Here’s a key distinction every business owner should understand:
| Trade Name | Trademark | |
| Purpose | Operating name for business use | Legal protection for a brand or logo |
| Registration Level | Ontario Business Registry | Canadian Intellectual Property Office (CIPO) |
| Legal Protection | None | Exclusive rights across Canada |
| Name Conflict Check | Not required | Required through trademark search |
| Renewals | Every 5 years | Every 10 or 15 years (depending on type) |
If protecting your brand is important, we strongly recommend considering both a trade name and a trademark strategy.
How AMAR-VR LAW Helps Ontario Businesses With Trade Names
At AMAR-VR LAW, we guide entrepreneurs, startups, and growing companies through the trade name process with clarity and attention to long-term branding strategy. Our business law team can:
- Determine whether a trade name is required or advisable for your business
– - Register trade names accurately with the Ontario Business Registry
– - Review existing names for potential conflicts
– - Advise on trademark protection to strengthen your brand identity
– - Assist with renewals, corrections, or updates to trade name registrations
– - Provide legal insight into using multiple trade names under a single corporation
We help ensure your business not only complies with Ontario law but also builds a legally sound and marketable brand.
Conclusion
A trade name is a simple but important part of doing business in Ontario. It lets you operate under a brand that’s different from your legal name—but it comes with legal obligations, and it does not protect your brand the way a trademark can.
Whether you’re starting out or expanding your business presence, registering a trade name is often the first step in building your identity. But it’s also worth doing it right—from registration to renewal to brand protection.
At AMAR-VR LAW, we help Ontario business owners register, manage, and protect their trade names with confidence. Contact us today for a consultation if you’re unsure whether your business needs a trade name—or want to make sure your branding strategy is legally sound.
Frequently Asked Questions (FAQs)
- What is a trade name in Ontario, and do I need to register it?
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A trade name (also known as an operating name or “doing business as” name) is any name a business uses that is different from its legal name. In Ontario, if you’re operating under a name that isn’t your legal name, you must register it under the Business Names Act, unless an exception applies.
– - Does registering a trade name in Ontario give me legal ownership or exclusivity?
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No, registering a trade name does not grant exclusive rights or legal protection. It does not function as a trademark, and it doesn’t stop others from using a similar name. For brand protection, you should consider registering a trademark with CIPO (Canadian Intellectual Property Office).
– - How do I register a trade name in Ontario?
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You can register a trade name through the Ontario Business Registry by providing your legal business details, the proposed trade name, and paying a registration fee (typically $60–$80). The registration is valid for five years and must be renewed to remain active.
– - What’s the difference between a trade name and a trademark in Ontario?
–
A trade name is used to operate your business under a different public name and must be registered provincially. A trademark, on the other hand, provides exclusive legal rights to use a specific name or logo across Canada. A trademark offers much stronger brand protection.
– - How can AMAR-VR LAW help with trade name registration in Ontario?
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At AMAR-VR LAW, we help Ontario business owners register trade names properly, assess potential name conflicts, and develop trademark strategies for long-term brand protection. We also assist with renewals, updates, and legal compliance to ensure your business identity is secure.