We are trying to come up with a name before we incorporate it under the Society Act. What legal issues may arise when naming a social enterprise?
When incorporating a non-profit the Registrar only looks at entities incorporated under B.C.’s legislation. There could be existing non-profits, businesses, partnerships, or sole proprietorships in other provinces or states that may have the same name. Even if the entities have different purposes (eg. a social enterprise versus a for-profit) if they provide similar services and are competing there may be a legal issue. For this reason, trademark registration and branding should always be considered prior to incorporation. Applying for a trademark is approximately $1500-$2500 but if another business contests the application the costs can increase dramatically. Trademarks are used in connection with goods and/or services and distinctiveness is extremely important. If a name similar to your desired name is already in use, would a reasonable person actually confuse the two operations? You must consider how big and well known the other entity is, and whether your social enterprise would ben
