Corporate & Commercial, Small Business, Corporate Services
Momentum Team
Incorporation: Federal or Ontario? Updated ...

Some significant changes to Ontario corporate law and the launch of the new Ontario Business Registry has led the Momentum team to update our advice. Deciding between incorporation at the Federal level or the Provincial level is a key decision in the incorporation process. Updated considerations …

Incorporation: Federal or Ontario? Updated Advice
Megan Cornell
Legal Basics of Personal Real Estate ...

As of October 1, 2020, real estate agents in Ontario are able to form personal real estate corporations (PRECs). This allows agents the flexibility which many other professions have, to operate as corporations instead of sole proprietors. Although PRECs are now available, they are not required.

This can allow significant tax planning advantages for real estate salespeople or brokers. The sole purpose of the PREC is to receive compensation from a brokerage which is earned by a registered broker or salesperson. The PREC does not directly provide the services of a salesperson or broker.

Legal Basics of Personal Real Estate Corporations (PRECs)
Megan Cornell
Holiday Employment Rules

For many entrepreneurs the holidays are one of the most lucrative, but also stressful times of the year! More work for the business means that employees need to work more, at the same time that many employees as well as the business owner, are hoping to spend time with family!

During this time of year it is important to be mindful of Ontario employment rules and ensure that your business is not exposed to being offside of the Ontario Employment Standards Act. Here are some of the key points to keep in mind

Holiday Employment Rules
Megan Cornell
Canadian Trademark Changes - June 17, 2019: How ...

Trademark registrations are powerful tools for protecting brands, and now is the time to prioritize registering your trademarks in Canada. Canadian trademark law is undergoing a major shift on June 17, 2019, and among the changes are an increase in the fees for trademark registrations, but also new registration requirements that will make it easier to register marks in Canada. The period between now and June 17 is the sweet-spot where you can file a trademark application and get the best of both systems – lower fees and fewer registration requirements.

Canadian Trademark Changes - June 17, 2019: How to Protect Your Brand and Save Money
Cannabis, Corporate & Commercial, Employment (HR), Business Purchase, Small Business
Guest User
AGCO Retail Cannabis Regulations

With all the talk about retail cannabis in Ontario, a lot of small business owners are being left with more questions than when they started. For the folks who just want to know what it is going to take to get a store open, here is the article for you.

AGCO Retail Cannabis Regulations

Trade-marks & Copyright

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How To Series: Protect Your Name

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There are many different ways to protect your business name in Canada, depending on what type of name you have and how you use it:

1.       Incorporate your business as a named company.

When you incorporate your business, opt for a named versus a numbered company. In order to secure a name, your lawyer will have to conduct a NUANS name search to include in your application for incorporation. Sometimes, a number of NUANS name searches are required before the right name is found. Although this means more money up front, it also means more protection for your name down the road.

Once your incorporation is approved, neither the provincial nor the federal government will approve another entity for incorporation with your name. The federal government, in particular, will make it incredibly difficult for another entity to incorporate with a name that is even confusingly similar to yours.

2.       Register your name as a formal business name.

Alternately, if you incorporate your business as a numbered company, you must register any business names that your business operates under. In the province of Ontario, this costs $60. Registering a business name gives your name a very basic layer of protection. Unfortunately, in Ontario, little to no vetting goes into this process, so other entities may register names that are similar to yours. The main purpose of a name registration, however, isn’t to protect your name, but to ensure that the public knows who they are doing business with.

3.       Register your name as a trade-mark.

In some circumstances, your name can also be a trade-mark. Canadian trade-mark registration takes about 8-10 months and will cost you; however, when your trade-mark is registered, you will have a substantial amount of protection for your name. Initially, the registration provides protection for 15 years. After the expiry of 15 years, it can be renewed.

4.       Register copyright in your name.

You may also have copyright in your name; however, copyright law sets an unclear bar for what is/is not copyrightable. For copyright to subsist in a work, it must be original. Sometimes generic words can be combined in an original way to create an original work. Alternately, names that are entirely made-up can be original. If you have copyright in your name, your protection is valid for life plus 50 years after the death of the name’s creator.

How Momentum Can Help

Please contact us today for a free consultation. We can advise you on how to best protect your name, based on the unique needs and capabilities of your company. We can also incorporate your business, and/or register your business name, trade-mark and/or copyright.