January 26, 2010

Nuans Name Searches Explained

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 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.

When you are in receipt of a Nuans name search report for a proposed name you have suggested, you will be able to compare all the names on the 7 page report with your proposed name to ensure your name is distinct and different than others registered.

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.

The jurisdictions which accept Nuans name search reports are as follows:

Ontario

New Brunswick

Ontario

New Brunswick

Federal

Alberta

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.

By reviewing a name search report the government ensures that no companies are incorporated anywhere in Canada with the same name.

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.

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.

There is no protection for business names in Alberta and Ontario so you can register a name exactly the same as any other business name that has been registered without obtaining a Nuans name search report.

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 Nuans Name Search Report and other legal services.

Filed under Work From Home by Holly Crosgrey

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