A Nuans name search report compares a suggested business name against the Nuans name search system and provides comparisons.
The Nuans name search system maintains a database of all of the names registered in Canada including trade-marks, sole proprietorships, business names, partnerships, non-share and regular share companies. The system is mandated to keep track of all names registered provincially and territorial in Canada.
By comparing the proposed name against the Nuans name search system, any similarity existing between the proposed name and the names in the database, will show up on the Nuans name search report. This will allow you to determine whether you are planning on using a name for your company that is too similar to another name. It is important for your name to be as distinct as possible.
Nuans name search reports must accompany articles of incorporation when incorporating a company in the federal, Alberta, Ontario, New Brunswick, Prince Edward Island and Yukon jurisdictions of Canada.
Not all provinces and territories will accept the Nuans report. Some jurisdictions in Canada have their own search system. The Nuans system contains all names registered across Canada regardless and it is advisable to do a preliminary name search through the Nuans system before incorporating or registering a business name.
The provinces and territories which accept a report from the Nuans system are:
Federal
New Brunswick
New Brunswick
Yukon
Prince Edward Island
Federal
Periodically the Nuans name search system will request the provinces and territories to provide a list of all new names registered in each of those provinces or territories where the Nuans report is not accepted and the list is added to the Nuans system.
You cannot incorporate a company with a name that is exactly the same as another name already registered. When you go to incorporate a company in Canada the government must first know if that name has been taken.
Even if the name you propose for your business is different than all other names registered but possibly too close in similarity to another name registered your business could be taken to court and ordered to change its name. You are the one who is expected to ensure you have picked a name that is not similar to any other name registered.
Each jurisdiction that accepts the Nuans Name search report will have its own Nuans report. For instance, if you are incorporating an Ontario company you will be required to obtain an Ontario Nuans Name Search report. If you are incorporating a federal company you will be required to obtain a federal Nuans name search report. Despite the fact that each of these reports is different, all reports will search the Nuans database system for similar names across Canada.
If you are registering a partnership, sole proprietorship or business name in Alberta and Ontario, and maybe in some other provinces, you will not be required to provide a Nuans name search report and can register a name exactly as any other name registered.
This does not mean that you should just go ahead and register and name you wish. A preliminary name search should be done to ensure that you do not register an exact same name.
A preliminary name search can be performed by a registered search house. Preliminary name search results can be provided by email. An average person would not be able to pick up all the conflicts when performing a preliminary name search since nuans search houses are trained for this purpose.
Attend at Resources for Canadian Business Owners for a Free Incorporation Checklist and Nuans Name Search Report and other legal services.
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