Last Updated on February 25, 2025 by admin
When incorporating a business in Canada, business owners ought to have a NUANS report 90 days before registering the business. However, a Newly Upgraded Automated Name Search report does not mean that the proposed name has been approved.
In this article, we will highlight the NUANS report, why you should obtain it, and when you need one in Ontario.
What is a NUANS report?
NUANS is a Canadian database that contains a list of existing corporations, businesses, and trademarks. It is a crucial tool for anyone looking to incorporate a company in Canada. If your proposed name is similar to an existing corporate name or trademark, a list of names will appear after searching. A detailed comparison of proposed names with existing businesses is known as a NUANS report.
It is important to review the report thoroughly to determine how similar the proposed name is to the existing one and whether there are uncertainties about the search process or results.
What is the purpose of a NUANS report?
The primary focus of a NUANS report is:
Name availability check: Business owners can check if their proposed name is similar to corporate or business names and trademarks.
Regulatory requirement: Companies using a ‘word name’ for their companies in Ontario are required by the government to provide a NUANS report while incorporating.
Brand protection: NUANS report helps businesses protect their brand identity and trademark rights. It ensures the business name is unique and distinct.
Why is a NUANS name search important?
NUANS name search is important since it helps businesses to not register their company with an existing corporate name. Here is why a NUANS name search is important:
- When incorporating a federal company or a business in certain provinces are required to provide a NUANS report. Provinces that require NUANS reports include Ontario, Alberta, New Brunswick, and Prince Edward Island. NUANS report is required for federal incorporation as well.
- NUANS name search is essential for the due diligence process when starting a business.
It helps you avoid potential conflicts by laying out names similar to your potential business name, making it easier to incorporate your business with a distinctive name. - It influences your brand and marketing strategy. A comprehensive report helps ensure your trademark does not conflict with existing ones, building a unique brand. The name search also helps you know your competitors, making it easier to position yourself strategically.
- It is a necessary step to ensure your business is legally compliant.
When do you require a NUANS report?
You may need a NUANS report for various factors such as:
Incorporating a new company: When registering a new business with a ‘word name’ in Canada or Ontario, you must have a NUANS report. The proposed name is reserved for 90 days before incorporation. The NUANS report will be required when submitting the Articles of Association.
Changing your company’s existing name: When changing your business’s name, you will need a NUANS report to verify whether the new name is available. You cannot use the NUANS report you used to incorporate your business since the name used before differs, and the report is only valid for 90 days.
When registering a business name: If you want to operate under a specific trade name or business name, you may need a new NUANS report. The report will verify whether the proposed trade name is available.
What is contained in a NUANS report?
A NUANS report contains a list of names or trademarks similar to the proposed name.
- The first four pages will include a list of similar corporate or business names with the proposed name.
- The two pages of the report will list similar trademarks
- The report will also list the data provider information.
- The document also has a 9-digit reference number that will appear on every page’s top left.
Do sole traders need a NUANS report in Ontario?
Sole traders require a NUANS report to register in some provinces in Canada, except Alberta and Ontario. However, obtaining a NUANS report in Ontario and Alberta is recommended to ensure the name is available. Here are the main points for obtaining a NUANS report:
- It is essential to order the report when registering your sole proprietorship or partnership
- You will reserve the name for 90 days before registering your business.
- After completing a NUANS report, a sole proprietorship can be registered online by filling out a form. The registry specialist will review the details and send the registration documents via email.
What is the process of obtaining a NUANS report?
Before federal or provincial incorporation, a company must reserve its name for 90 days. After 90 days, the NUANS report will expire, so it is important to renew it. Here is the process of obtaining the NUANS report.
Name Search:
Make sure you have backup names in case the selected name turns out to be similar to the existing ones. Having options makes it easier to have at least one unique name. The NUANS system does not cover Quebec, which has its own name search.
Once you have the proposed names, conduct a pre-search online. The pre-search will help you review similar corporate names, business names, and trademarks.
After this you can request a NUANS report through the official NUANS website or an authorized NUANS service provider.
Interpreting NUANS report:
The NUANS report compares proposed names with existing businesses and trademarks. It includes exact matches and similar-sounding names. It’s important to review the report thoroughly to understand the level of similarity with existing names. Professional advice is recommended if there are uncertainties about the search process or results.
Once the NUANS report is finalised, it is forwarded to the appropriate Federal or Provincial government examiners for evaluation, along with your Articles of Incorporation, as part of the incorporation process. Your business name mustn’t infringe upon the name of any existing corporation. Examiners may apply stricter standards when assessing business names and trademarks for conflicts depending on the jurisdiction.
Conclusion
What is a NUANS report? In conclusion, a NUANS report is a document used in Canada to conduct name and trademark availability checks for businesses. It makes it easier to avoid conflict by not incorporating your business with an existing name.
BusinAssist helps entrepreneurs acquire a NUANS report and seamlessly incorporate their businesses in Ontario.
For more information on the NUANS report and incorporating a business in Canada, contact us at [email protected].
FAQs
Q: What does NUANS stand for?
Ans: NUANS stands for Newly Upgraded Automated Name Search.
Q: Do I need a NUANS report for a sole proprietorship?
Ans: No, you do not need a NUANS report for a sole proprietorship. However, you can do a NUANS search to determine whether to incorporate your business under an existing name or not.
Q: How long does a NUANS report take?
Ans: Obtaining a NUANS report can take a few hours to a few days, depending on the complexity of the name and the volume of names being handled by the Corporate Registrar.
Q: How to get a NUANS report?
Ans: You can request a NUANS report through the official NUANS website or an authorized NUANS service provider.
Q: How to read a NUANS report?
Ans: When reading a NUANS report, you will need to check important information such as:
- Business name: It will show business names, corporate names, trademarks, or trade names.
- Trademarks: they are listed on two pages of the report.
- Similar names: it will show similar names to the proposed name in the database
- Reserved name: proposed names are reserved for 90 days.