Originally Published May 7, 2015
If you are looking at starting a business, you may have heard of the wording NUANS, NUANS name search or NUANS searches stated as (‘New-ons’) and wondering if you are required to obtain a NUANS report for your new business. A NUANS or Name Search is a unique business name search tool database in Canada that provides a listing of existing corporation names, business name registrations and trademarks.
What Does NUANS Mean?
NUANS stands for “Newly Upgraded Automated Name Search.” This service is used in Canada to check the availability of business names, making sure they are unique and don’t conflict with existing businesses. Understanding the NUANS meaning is important because this report plays a significant role in registering a business.
What is the Role of the NUANS Report?
The NUANS report lists similar existing businesses, corporations and trademarks to the chosen name you wish to use to start your business. Within the jurisdictions where a NUANS report is required to incorporate, the government examiner will review the NUANS report to compare the similarly named businesses to your proposed business name and determine the business names availability.
When is a NUANS Report Required?
The NUANS report is a mandatory filing with the government when you are Incorporating in any of the following jurisdictions:
The report is specific to where you are incorporating. Many individuals will complete a Federal NUANS report assuming it is valid across Canada but it is not. A Federal NUANS is only valid for completing a Federal Incorporation. Always choose the NUANS report jurisdiction for where you intend to incorporate.
What Corporate Filings Require a NUANS Report for the Provinces Listed?
- Incorporation
- Extra Provincial Licence
- Professional Corporations
- Trademark Applications
What if I Am Not Incorporating, Do I Still Do This Report?
The NUANS report is only required for the incorporation process as incorporated business names have protection for the new business name once your incorporation has been completed. The Master Business Licence/Business Licence does not have name protection and a NUANS report is not required. However, a pre-search can be completed against existing businesses to ensure you are not using a business name that someone else is already using. It is highly recommended that you search the proposed business name against existing businesses.
Typically, this costs between $10 and $30 and will provide peace of mind moving forward that you will not start your business and find out afterwards that there is a similar named corporation, small business or trademark in existence. Using the same name as another business may be confusing or may be considered infringement and you may have to change your business name.
What if I Am Completing a Not for Profit or Charitable Organization?
The NUANS report is required within the jurisdictions listed above if you are incorporating a Not for Profit or Charitable organization. Unlike business corporations, a Not for Profit or Charitable corporation does not need to include a legal ending in the NUANS report. Legal endings are optional for Not for Profit or Charitable Organizations.
What Does the NUANS Report Look Like?
A NUANS report is a 7 page computerized database listing of existing corporate, business and trademark names that may be similar to your proposed business name.
Here is an example from the NUANS databank so you can have a look at what the report looks like:
The PDF below gives a full example of what the 7-page NUANS document would appear as:
How Do I Know if My Business Name is Available?
It is important to search your business name choice first before ordering the actual NUANS report. This is completed in what is called the pre-search databank. The pre-search databank is available to those of us who are registered members of the NUANS databank and is accessible to assist you to find an available business name.
A member will do a pre-search in the databank. This checks the business name prior to completing the actual NUANS report. If the chosen name conflicts with existing corporations, small businesses or trademarks, it may be recommended to move to a second-choice name. When an available name is found and acceptable to you, the report is ordered.
Can I Search the Business Name For Availability Before I Order the NUANS Report?
Yes, our team can complete what is commonly called a preliminary search prior to ordering the NUANS report. You have two options available:
- Instant Preliminary Search where you get instant results on whether there are conflicts with the business name you would like to search. Any similar business names will be listed.
- Preliminary Name Search where our team searches the business names for you and emails you the results. You can provide up to 3 names to search.
Do I Need a NUANS Preliminary Search or NUANS Report When I Am Registering a Business?
It is not mandatory when you are registering a Sole Proprietorship, General Partnership or Trade Name to include a preliminary search or NUANS. These company names are not corporate names and do not have name protection. It is however recommended to search the business name as part of the NUANS report request to ensure the business name appears to be available prior to it being submitted to the jurisdiction for incorporation. We can assist you in this by providing a pre-search on the business name as part of the NUANS report request.
Within our online request, you would simply select the pre-search as part of the order:
How Long Does It Take to Get a NUANS Report?
We offer two different options to request a NUANS report:
- AGENT ASSISTED NUANS Report where our team can search the business, corporate name or trademark name to see if the name appears to be available prior to ordering the report. This search and report is available on a same day basis.
- INSTANT NUANS Report where the report is immediately available. Our team has no involvement in searching the name for availability and you simply download the report in seconds.
How Much Does a NUANS Report Cost?
Our base fee for the Agent Assisted NUANS report is $27.50 +taxes. If you add the pre-search option, the fee is an additional $22.00 +taxes. If you include the pre-search option and your chosen name is not available, you can provide a secondary business name to search without being charged additional fees.
How Long is the Report Valid For?
From the date of completing a NUANS report, you have 90 days to complete the incorporation process or the NUANS (name reservation) will drop off the system and that business name may be available for others to use. Most individuals who order the NUANS report complete the incorporation process in short order but if you are not ready to complete the incorporation process and the timeframe is running out, you can always order the NUANS report again before the 90-day expiry to gain another 90 days of name reservation.
What is Done With the NUANS Report?
When the NUANS report is completed, it is provided to the Federal or Provincial government examiners for review along with your Articles of Incorporation as part of the incorporation process. Your business name cannot conflict with an existing corporation and depending on the jurisdiction, the business names and trademarks may be considered more strictly by the examiner for name conflicts.
Order a NUANS Report
If you would like our assistance or have further questions to ask, please feel free to reach out to us directly.
inquiries@ontariobusinesscentral.ca
Toll-Free: 1-800-280-1913
Local: 1-416-599-9009
Fax: 1-866-294-4363
Office Hours: 9:00am – 5:00pm
Monday – Friday E.S.T.
Ontario Business Central Inc. is not a law firm and cannot provide a legal opinion or advice. This information is to assist you in understanding the requirements of registration within the chosen jurisdiction. It is always recommended, when you have legal or accounting questions that you speak to a qualified professional.
