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Securing Your Business with a NUANS Business Name

Date post: 24-Jan-2017
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Page 1: Securing Your Business with a NUANS Business Name
Page 2: Securing Your Business with a NUANS Business Name

The New Upgraded Automated Name Search, commonly referred to by the acronym NUANS, is a Canada-wide registry of all of the business and corporate names in Canada. The NUANS name search system is a tool that generates a seven-page report that compares a proposed trademark or corporation name with existing names that have already been registered throughout the Canadian provinces.

Page 3: Securing Your Business with a NUANS Business Name

The NUANS business name search is a comprehensive computerized search system that includes every corporation name, sole proprietorship, business name, partnership, and trademark that has been registered throughout every Canadian federal and provincial jurisdiction. The sole purpose of the system is to accurately track every registered business entity across Canada.

By comparing a chosen business name against names registered in the NUANS name search system, every similarity between the names in the database and the proposed name will appear on the NUANS report. This allows prospective business owners to determine whether their proposed name is unique enough to stand out and compete in the marketplace.

Page 4: Securing Your Business with a NUANS Business Name

Some Canadian provinces and territories, such as Quebec, have their own name search database and do not accept the NUANS name search report. However, anyone interested in opening a business in one of these locations should still perform a NUANS report to ensure their name is still available. A preliminary NUANS business search will suffice, and there is no fee for a preliminary search. The following jurisdictions accept NUANS name search reports:

Federal Ontario Alberta New Brunswick Prince Edward Island

Although each of these jurisdictions accepts NUANS reports, each one has its own NUANS report. Therefore, someone incorporating an Alberta company is required to obtain an Alberta NUANS report. New Brunswick and Prince Edward Island companies must have an Atlantic NUANS report. If a company will operate on a federal level, then a federal NUANS report is required. Each of these reports may be different, but each of them searches the NUANS database for similar names throughout all of Canada.

Page 5: Securing Your Business with a NUANS Business Name

Articles of incorporation must accompany any NUANS name search report in order to incorporate in the federal, Ontario, Alberta, New Brunswick, and Prince Edward Island jurisdictions. A business cannot be incorporated under a name that already exists in the system. The government must know if the name has already been taken before you can incorporate a business. Thus, the government must see a NUANS report or similar report to ensure that the chosen name is free to use.

If the name chosen for the incorporation shows up on the NUANS business name search report, a business will not be allowed to incorporate with that name. To avoid the cost and hassle of finding this out after the fact, a business owner should perform a free preliminary NUANS search to ensure the availability of their chosen name.

Page 6: Securing Your Business with a NUANS Business Name

When reviewing the NUANS report, the names appear in order of importance. The first name on the report is the proposed name that a person hopes to incorporate. The proposed name is also entered into the NUANS name search system to show others that the name has already been selected, even though it is not yet incorporated. The proposed name is then reserved by the NUANS name search system and all of the Canadian jurisdictions that accept the NUANS reports will not allow the reserved name to be incorporated by another business entity.

A NUANS report remains reserved for a period of 90 days. A company with a preferred name that has yet to incorporate their business can renew the search prior to or immediately after the expiration of the report in order to keep the name reserved. Additionally, if someone has a business idea and a terrific name picked out, they can request a NUANS report to protect the name from being used by anyone else. They can simply renew the NUANS name search report every 90 days until they are ready to incorporate.

There are tremendous benefits to incorporating a business. Unfortunately, unless a name is chosen, the Canadian government will simply issue a number as the name of the incorporated business, which can have terrible results for every business. Having a distinguishable name is imperative to the successful branding of any business. A NUANS business name search helps business owners select a name that is unlike any other. A unique name not only enables a business to separate itself from the pack, but it decreases the likelihood of a possible lawsuit as well.


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