Explanation of Nuans Name Search Reports

A Nuans name search report is a seven-page report which is generated from the Nuans name search system which 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 is a computerized search system which contains a list of all of the company names, sole proprietorships, partnerships, business names and trade-marks registered in federal, provincial and territorial jurisdictions in Canada. The purpose of the system is to keep track of all names registered across 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 and Prince Edward Island jurisdictions of Canada. Some provinces and territories have their own secondary system and they do not except the Nuans name search report. However, it is still advisable to do a preliminary nuans name search through the Nuans system to ensure the name is available. There is no fee for a preliminary nuans name search. The jurisdictions which accept Nuans name search reports are as follows: Federal Alberta Ontario New Brunswick Prince Edward Island

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. 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 the government must first know if that name has been taken. In order for the government to ensure that the name is free to use it needs to see a Nuans name search report or similar report depending on the jurisdiction. The report will show the government whether there is an exact name already registered for the proposed name you wish to use. The Nuans name search report is also your way of determining whether there are additional conflicts to your name. The onus will be on you to look over the entire report and make sure you are not proposing to use a name that is even close to another corporate name or trade-mark since the owner of the name could still have a claim against you if your name is too similar and his or her company name has had a large presence in the marketplace for many years.

Each jurisdiction that accepts the Nuans Name search report will have its own Nuans report. 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. If you are incorporating an Alberta company you will be required to obtain an Alberta Nuans Name Search report. If you are incorporating a New Brunswick or Prince Edward Island company you will be required to obtain an Altantic 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. It may seem that if you are registering a company in Ontario and another company in the Northwest Territories has a similar name, that this should not be a problem. With technology as it is today, companies are conducting business across Canada, if not across the World. You will have no idea whether the company with the name that you are proposing may at some time in the future be conducting business in the very province you wish to register in and then there would be a conflict. Further, the Canadian government provides that any company that is registered in any province or territory in Canada can apply to be registered to carry on business in another province or territory. It is therefore very important that your proposed name is distinct and descriptive. Nuans name search reports are not required in Ontario and some other provinces when registering business names or sole proprietorships. In Ontario anyone can register the exact same business name or sole proprietorship as one registered already. However, 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. It is always advisable not to use a name that is too similar to another name since this would be a conflict for your business in the long run. Some business names such as Bell Canada have a high standing in the marketplace because of the number of years the name has been registered and the number of people who know the name. If you purchase a Nuans Name Search Report and the name you wish to use for your incorporation is on the report, you will not be allowed to incorporate with that name. It is therefore important that you do a preliminary Nuans name search first in order to ensure before hand that the name is free. Please note however that preliminary Nuans Name Searches are not fool proof and there is always a chance a conflict will show up on the full Nuans Name Search report that did not come up during the Preliminary Nuans Name Search. You can keep buying full Nuans Name Search reports but it will become costly. It is better that you check the name first with a Preliminary Nuans Name search. You would need to contact a search house in order to have a preliminary name search performed. It takes about 40 minutes to obtain a Nuans Name Search Report. It does not matter what the jurisdiction is where you live, since the search house can send you the report by email. The names on the report are in order of importance with the first name being the most important. The very first name on the report will be the Proposed Name that you picked. Your Proposed Name is put into the Nuans Name Search System so that anyone else wanting to incorporate a company will know that you have already chosen that name even though you have not yet incorporated your company.

The next group of names will be those company names and business names that match your name to some degree in the order of how close they match your name.

The next section of the Nuans Name Search Report will show a list of the trade-marks that have been registered that are the closest in spelling to your name.

A Proposed Name is a name that is being reserved by the Nuans name Search System. The jurisdictions in Canada that accept Nuans Name Search Reports will not allow a company to be incorporated with a Proposed Name that has been reserved by the Nuans Name Search System. The Nuans name search report is evidence of that reservation.

A Nuans report is reserved for three months. If you have not yet had a chance to incorporate your company you can renew the search after or just before the Nuans Name Search report is to expire. If you are not ready to incorporate but you have a great name picked out you may wish to obtain a Nuans name search report to protect anyone else from using the name and then just renew the Nuans name search every three months until you are ready to incorporated.

Nuans Search Houses are trained on the best method of performing Preliminary Nuans Name Search reports in order to ensure that the most conflicts to your proposed names can be found prior to ordering a Nuans Name Search Report. If you incorporate a numbered company a Nuans name search report will not be required since the government will provide you with the next number in line. An example of a numbered Ontario company would be a corporation having a name such as 9999999 Ontario Inc.. A numbered federal company might be a corporation with a name called 9999999 Canada Inc.. The numbers are given out consecutively. You cannot choose the number for your company.

Holly Crosgrey is a Law Clerk and Paralegal who has 20 years experience in Canada. She is the owner of Resources for Canadian Business Owners located at www.canadianbusinessresources.ca