A good business name in Québec must be distinctive, compliant with the Charter of the French language and available in the register. Search the register, the trademarks and the domains before deciding, then reserve it for 90 days if needed.
Finding the perfect name is one of the exhilarating moments of starting out. Losing it because a competitor was already using it, or having to rename the business after printing cards, signage and a website, is a great deal less so. Between falling in love and making it official, a few searches are called for. Here they are, in the order a lawyer does them.
The Québec rules of the game
In Québec a business name must first be compliant: it cannot be identical or so similar as to cause confusion with a name already in use, cannot be misleading about the nature of the activity, and must comply with the Charter of the French language, which in principle means a French-language name for signage and documentation. A business corporation adds its legal element, the “inc.”, while a business name precisely must not carry one. These rules are no small matter: the registrar can refuse a non-compliant name, and an aggrieved third party can force you to change yours.
The availability search, a non-negotiable step
Searching availability means methodically finding who already uses your name or one close to it. The search starts with the Québec enterprise register, extends to federal corporations, and should include the Canadian trademarks database: a name available in the register may very well infringe a registered trademark, which is more dangerous still. For a federal constitution, the NUANS report makes that comparison nationwide. Round it off with a search of domain names and social networks: a name legally free but digitally taken loses much of its value.
Reserve, then make it official
Weeks can pass between choosing the name and constituting the business: the time to finalize a financing, an agreement among founders, a business plan. Reserving the name with the registrar protects you for 90 days: the name is held for you with a view to your registration or constitution, and no one else can take it in the meantime. It is modest insurance against an expensive disappointment.
One official name, several names in use
Know, finally, that the official name is not a prison. A corporation constituted under a numbered designation can operate under one or several business names declared in the register; an established business can launch a new banner without changing its corporate name. Conversely, when the brand becomes the business’s very identity, changing the official name by articles of amendment brings the legal into line with the commercial. What matters is that every name used publicly be declared, searched and compliant.
One last piece of practical advice: do your searches before falling in love. You give up a name easily at the list-of-ideas stage; you give it up painfully after paying the designer.
What makes a name legally solid
Not all names are equally defensible, and it is something founders often discover after the fact. The more literally a name describes the activity, the easier it is to understand, and the less protectable it is. Quick plumbing says exactly what the business does, but no one can reasonably appropriate two ordinary words from a trade’s vocabulary. You will therefore not be able to stop many people using something very close to it.
Conversely, an invented, arbitrary or suggestive name that is not descriptive attaches itself to you. It takes a little more effort to build recognition at first, and in exchange it gives you a defensible asset. Between the two lie names combining a distinctive element and a descriptive one, a very common and sensible formula: the protection then bears on the distinctive element.
The practical test before deciding: imagine a competitor opening three streets away under an almost identical name. If your first reaction is “there is nothing to be done, those are ordinary words”, your name is weak. That is not fatal, but you should know it before spending your brand budget on it.
The French language, in practice
The principle is settled: in Québec the name under which a business presents itself to the public must be in French, and it is the French name that appears in the register. That does not forbid every term from another language, but it shapes how the name is built.
There is an opening for trademarks, whose scope has been narrowed in recent years. Generally it is duly registered marks that receive particular treatment, and the display conditions surrounding them, notably the prominence to be given to French, have been clarified. If your project rests on an English name or one in another language, do not assume that use alone will suffice: this question must be confirmed before the sign is printed, not after. It is one of the few points in this article where a tailored check is not optional.
The traps people do not anticipate
A surname seems obvious for a professional or a tradesperson. It raises a question at the moment of sale: does the buyer take your name with the business, and are you content for a business you no longer control to keep carrying it? That is settled easily enough by contract, provided you thought of it.
Geography boxes you in. A business named after its neighbourhood or its region ends up with a name that contradicts its expansion three years later. A dated reference has the same effect: a year, a technology of the moment or a distribution channel all age quickly.
Spelling, finally, deserves a field test. A name you have to spell out on every call, whose accents are unstable or which reads differently aloud will cost you traffic for the whole life of the business. Have five people who have never seen it written say it aloud, then ask them to write it down.
After the choice: three separate decisions
Once the name is settled, three independent steps are open to you, and they should not be confused. A name reservation sets it aside while you finalize your file. A business name lets you operate under a trade name without touching the legal name, which is often the most flexible solution. And if the brand ends up becoming the business’s very identity, a change of the official name brings the articles into line with reality. None of these three steps is the equivalent of registering a trademark, which belongs to a separate regime and a markedly broader protection.
Frequently asked questions
How do you check whether a business name is available in Québec?
The search starts with the Québec enterprise register, extends to federal corporations, and should include the Canadian trademarks database. A name free in the register may very well encroach on a registered mark, which is the most serious risk.
Must a business name be in French in Québec?
The name under which a business presents itself to the public must be in French, and it is that name which appears in the register. An opening exists for trademarks, whose scope has been narrowed and generally covers duly registered marks.
Is a descriptive name better, or an invented one?
The more literally a name describes the activity, the less protectable it is, because no one can appropriate the ordinary words of a trade. An invented or suggestive name takes more effort to build recognition, and gives you a defensible asset in exchange.