A Nuans name search report is a seven-page report which is generated from the Nuans name search system. The report compares a proposed name or trade-mark with the database of existing names that have been registered anywhere across Canada.
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.
A Nuans name search report is required when incorporating in many of the provinces and/or territories in Canada.
Name search reports are required by all provinces and territories including the federal jurisdiction, when incorporating companies in Canada. However the Nuans is only accepted in six jurisdictions. It is still advisable to do a preliminary name search through the Nuans system because it keeps a listing of all names registered throughout Canada.
The provinces and territories which accept a report from the Nuans system are:
Alberta
Alberta
Prince Edward Island
Prince Edward Island
Prince Edward Island
Yukon
The governments which do not accept reports from the Nuans name search system provide a list of any names that have been registered in their province or territory to the Nuans name search system and these names are added to the Nuans system database.
A company is not allowed to have the same name as another company in Canada. The governments in all jurisdictions need to ensure this does not happen.
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.
Nuans name search reports are biased in accordance with the Canadian jurisdiction in which the business will be registered. If you are incorporating a company in New Brunswick you will need to obtain a New Brunswick biased report and if you are incorporating in another province the report will have to be for that location. All Nuans name search reports will search the system for names right across Canada.
Nuans name search reports are not required in Ontario and Alberta, and some other provinces when registering business names, partnerships or sole proprietorships. In Ontario and Alberta anyone can register the exact same business name or sole proprietorship as one registered already.
Notwithstanding this, you should never register a business name using a name that has already been registered by someone else. Even if you do not need a Nuans name search report to register your business name, it is advisable that you do a preliminary Nuans name search report before you register to ensure no one else is using the name regardless.
You will need the assistance of a qualified search house in order to perform a preliminary name search. An email reply will be given once a preliminary name search is done. A Nuans search house has training in searching names and knows how to determine the most conflicts for a proposed name.
Attend at Resources for Canadian Business Owners for a Free Incorporation Checklist and information about a Name Search Yukon.
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