PRELIMINARY & RUSH OPTIONS
Ontario Business Central now offers you the ability to order the NUANS report instantly! The NUANS Report or Reservation will be available immediately as soon as you process the request. This self-serve option has the NUANS report to you in seconds.
It's this simple:
The NUANS report or Name Reservation is required in these jurisdictions:
The NUANS Report is necessary when you are completing the following within the jurisdictions noted:
Listed below is a sample of the NUANS report
A business name should have both a distinctive and descriptive element. By having both, the business name is unique from competitors.
The distinctive element is the word or words is the uniqueness within the business name. Wording such as the uniqueness of the business owner compared to other business owners. Examples are as follows
Sunny’s Cleaning Services Inc.
Distinctive element: Sunny
Gaming World Inc.
Distinctive element: World
Eglinton Fine Shoes Ltd.
Distinctive element: Eglinton
Tony’s Flower Shop
Distinctive element: Tony’s
The descriptive element gives wording to tell what is being offered for sale whether products or services. Examples are as follows:
|Distinctive Element||Descriptive Element||Legal Ending|
The legal ending is an identifier to others that the business is a legal corporation and not a registered business or trademark.
If the business is registering and not incorporated words such as enterprises, company, unlimited, CO., can be used as an identifier but it is not necessary to have these kinds of descriptive elements for the business name.
If the business is incorporating, a legal ending is required as an identifier to the business name being a separate legal entity from those individuals who own the business.
The selected legal ending for the corporate name should be absolute moving forward into the incorporation process. In most jurisdictions, you cannot change the legal ending to complete the incorporation process. If the selected legal ending changes, a new NUANS report most likely will be required.
The legal endings include the following available ending:
A Non Profit corporation also requires both the distinctive and descriptive element for the business name.
More often Non Profit corporations do not use a legal ending as part of the business name. The legal elements that are available to a NFP corporation are as follows:
A Non-share incorporation does not have access to the following:
|Distinctive Element||Descriptive Element||Legal Ending|
Yes, if the corporation resides in any of the jurisdictions listed, a new NUANS report is required for the new corporate name to be filed with Articles of Amendment.
Yes, a NUANS report is required when a corporation is moving or continuing from a different jurisdiction into any of the jurisdictions listed above. The NUANS report and Articles of Continuance are to be filed together.
When filing an Extra Provincial Licence into any of the jurisdictions listed above, the NUANS report is required.
If a NUANS report has been completed, you can use that exact business name to incorporate. If you decide to change any part of the business name, a new NUANS report or Name Reservation is required.
The NUANS report or Name Reservation is valid for 90 days from the date the NUANS report was reserved. If the 90 days has passed and you wish to use the business name to incorporate, you must complete a new NUANS report.
Once the NUANS report or Name reservation is completed, the exact same corporate name cannot be used by a third party without a consent from the NUANS report holder. It is recommended to complete an incorporation soon after the report is completed to avoid any third party access to the exact business name.
No, the NUANS report is only mandatory for incorporation within the jurisdictions provided. Many individuals will order a NUANS report to gain a full list of similar business names, corporations and trademarks to the one that is proposed.
Yes, the NUANS report is mandatory under the title “trademark search”. The NUANS report for a trademark is unique from its counterpart incorporating businesses where the results lean more to other trademarked names.
You, when you receive the completed NUANS report, the first thing you should do is go through each page and look for any similar business names, corporate or trademark names to the proposed name as provided. The proposed name is listed above the NUANS report lined parameters and is the first name listed within the report. The word “proposed” is listed with the name reservation number for you to verify, this is your proposed name.
Any of the names listed from here throughout the report should be scrutinized against what business name you would like to use. Ultimately, it is your decision on whether you move forward to incorporate the proposed name. Others may view the report including NUANS members such as ourselves, and lawyers.
Government employees will review the NUANS report as the incorporation is in progress however they typically have a hands off approach in most jurisdictions to denying a business name incorporation unless the name is exact to an existing corporate or trademark name.
If there is a same or similar corporation or trademark to the proposed or chosen business name, it is recommended you move to a new business name. With incorporating a similar named business to an existing corporation or trademark, you do risk having the existing entity consider your business to be infringing and there is a possibility the existing named owner may seek infringement against your conflicting business name.
If there is an existing registered business name that is not incorporated or trademarked, you do not risk the opportunity for infringement however you do risk confusion with the existing business.
The best practice is to find a unique business name that does not interfere with an existing business name, corporation or trademark. Ultimately, you want your brand to be exclusively and uniquely yours.