Important Information For Those Needing an New Brunswick Nuans Name Search Report
A New Brunswick Nuans Name Search Report is a seven page report which is generated from the Canadian Nuans name search system. The Nuans database compares a proposed corporation name or trade-mark with a database of existing names that have already been registered in a province or territory across Canada with a few exceptions.
You must obtain an New Brunswick Name Search for the proposed name you intend to use for your New Brunswick company at the time you incorporate in the province of New Brunswick. The New Brunswick Nuans name search report allows the New Brunswick government to determine whether your name is available prior to granting you the right to incorporate your company.
If you wish to register a New Brunswick partnership or a New Brunswick sole proprietorship or a business name on behalf of a New Brunswick company already registered in that province, you will also be required to provide a Nuans name search report. The New Brunswick government is much more stringent at accepting names and it is therefore important that you have the name checked thoroughly before you register to ensure it is available. This can be done by doing a preliminary name search against your proposed name. A preliminary name search can let you know whether the business name you are thinking of registering is available for use before ordering a full New Brunswick Name Search for the proposed name you wish to use. Without first checking to see if the name is available and just ordering a full New Brunswick name search without a preliminary name search, this could result in your obtaining a New Brunswick name search for a name that has too many conflicts to be used. You will then need to pick a new name and order again. The New Brunswick government will look at all names registered in New Brunswick and all names registered right across Canada when making its decision to accept your name.
Most reputable search houses will perform a preliminary name search for your proposed New Brunswick name as part of the service when you buy a New Brunswick Nuans name search from them. Beware of companies that charge an extra fee for this. The only time there should be a fee for a preliminary name search is in the case where you are registering a trade name in a province where a Nuans is not required for registration but you still want to determine the availability of the name. In New Brunswick you are required to provide a Nuans for all business names registered. In light of that when ordering a New Brunswick Nuans name search look for a service that will check your name as part of the cost and that will provide you with confirmation that you have a good chance of getting the name accepted.
It should be noted that when registering an New Brunswick corporation, it is a requirement that there be a legal element to the name (explained below) but for other registrations such as New Brunswick business names, this is not necessary.
Outlined below is a breakdown of the elements of a corporation name which principles can be used for business names as well with the exception of the legal element.
When picking a name for your corporation, you should consider three elements of the name. In particular: (i) the Distinctive Element (ii) the Descriptive Element, and (iii) the Legal Element of the name. If the name you choose to register is “Peterson Carpentry Inc. , the distinctive element in the name is the word “Peterson”, which is distinctive because it is a, individual’s last name. Another type of a distinctive element in a name might be “Ontario” as in “Ontario Garden Supplies Ltd.” which is distinctive because it describes a location. “Greening Dental Services Inc.” has the distinctive word “Greening” in it to make it stand out from other dental service companies.
The descriptive element describes the type of business. In “Jones Graphics Design Inc.”, the descriptive element is “Graphics Design” which describes the nature of business. In “Toronto Carpeting Ltd.” the descriptive element is “Carpeting” which describes the type of products this business sells. “House Cleaning Services” is the descriptive element for “Jenet’s House Cleaning Corp.”.
The Legal Element in the company name “Titanic Business Services Inc. is the word “Inc.” which is a mandatory legal ending that signifies that the name given to that entity is connected to a registered company. In Canada you can have the following endings for your company name: “Inc.”, “Incorporated”, “Ltd.”, “Limited”, “Corp.”, “Corporation” and the French equivalents of “Ltee.” “Limitee”, “Inc.” (same in English and French) or “Incorporee”, The Legal Element distinguishes your name as a company that can issue shares rather than a business name, sole proprietorship or partnership registered in Canada.
As indicated, the New Brunswick company is very particular about name granting. You must order your Nuans report from a search house. When the search house checks your name (NB: if a search house does not perform a preliminary name search for your name you must request this) if it takes the effort to ensure your New Brunswick name is available you will have a better chance of having your name accepted. Even then, it may still not be accepted. The government has its own internal policies and different examiners have different ideas about what is an acceptable name. You could still need to order another search if your name is rejected. If the search house has made efforts to check your name then it would not be the fault of the search house if the name is rejected. Not all names will show up on a preliminary name search report. If you happen to get a difficult examiner you could still have your name rejected.
Resources for Canadian Business Owners provides unlimited preliminary name searchs as a free service when purchasing a New Brunswick Name Search Report and can assist with Business Name Registrations.
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