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.
The Nuans name search report will show all names similar to your proposed name in order of importance. The first being the closest conflict to the name you wish to use. You can then decide whether your name is different enough from all other names before you register your name.
If you are incorporating a company in the provinces of Alberta, Ontario, New Brunswick, Prince Edward Island, in the Yukon territory and in the federal jurisdiction of Canada, you will be required to provide a Nuans name search report.
Some provinces and territories have their own name search system and they do not accept the Nuans name search report. However, it is still advisable to do a preliminary name search through the Nuans system to ensure the name is available since the Nuans system records all names registered across Canada.
In Canada certain jurisdictions only will review a Nuans prior to registering a company and they are shown below:
Ontario
Alberta
New Brunswick
Prince Edward Island
Yukon
Federal
The Nuans name search system is updated regularly with all registrations of incorporations, business names, partnership names and sole proprietorship names in those Canadian jurisdictions where the Nuans report is not accepted.
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.
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. 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.
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 would need to contact a search house in order to have a preliminary name search performed. It does not matter what the jurisdiction is where you live, since the search house can send you the report by email. 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.
Attend at Resources for Canadian Business Owners for a Free Incorporation Checklist and a Corporation Name Search and other legal services.