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 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.

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.

A Nuans name search report is required when incorporating in many of the provinces and/or territories in Canada.

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:

Federal

New Brunswick

Ontario

New Brunswick

Prince Edward Island

Yukon

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.

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.

If you are incorporating a company in Alberta you will be required to provide an Alberta biased Nuans name search report and if you are registering a business federally you will be required to provide a Canada biased Nuans name search report. These reports are biased to the jurisdiction they represent but the report still covers all names registered 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.

A preliminary name search would be advisable in cases where a full Nuans is not required to guard against registering a name exactly the same. This is because it is a very bad idea to register a name exactly the same as another name already registered.

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 information about an Alberta Registration.