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 purpose of the Nuans name search system is to maintain the list of all Canadian companies, partnerships, trade-marks and sole proprietorships across all provinces and territories in Canada in order to ensure duplication does not occur with the registration of a company name.
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:
Federal
Ontario
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.
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 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 Nuans Name Search Reports.