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A Nuans name search is a paper document produced from the Canadian Nuans name search system which checks a proposed company or business name against all other registered company and business names across Canada including trade-marks. 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. 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. 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. In Canada certain jurisdictions only will review a Nuans prior to registering a company and they are shown below: Ontario Alberta Ontario New Brunswick Prince Edward Island Alberta Periodically the Nuans name search system will request the provinces and territories to provide a list of all new names registered in each of those provinces or territories where the Nuans report is not accepted and the list is added to the Nuans system. 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. 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 Federal Company Search and other legal services. |
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