The Nuans Name System generates an Ontario Nuans Name Search Report. This system will check your proposed company name against all company names registered across Canada. You must have a Name Search Report in order to incorporate in this province. The report lets the government check your proposed name against the report to ensure there is no other company that has the exact same name as yours registered already. No two companies can have the same name.
It is not necessary to provide an Ontario Nuans Name Search Report when registering a partnership, business name (trade name) or an sole proprietorship. The government will allow you to register the exact same name as another partnership, business name or sole proprietorship. You should do a preliminary name search regardless to ensure you are picking a name that is different since you could still have legal problems if you register a name exactly the same as someone else.
It is important that you have the search house you contact perform a preliminary name search for the proposed name before the Ontario Nuans name search report is issued. If you do not do this and just order the report prior to checking the name it is possible there will be conflicts and your name will not be accepted. You will then have to order another Search Report.
If a search house is reputable it will not charge you for preliminary name searches when you purchase an name search. If you are not ordering an Ontario Nuans Name Search report because it is not required in cases where you are registering business names, proprietorships or partnerships, you should pay for a preliminary name search to be done to ensure the name has not been taken by anyone else. Some search companies will charge you for preliminary name searches when you order a Nuans so be careful about this because it can get expensive and the preliminary name search should be part of the service when ordering a full name search report.
Even though you are not required to obtain a Nuans when registering a trade name or business name in Ontario you should still have the name you wish to use checked. There could still be a conflict with the name and you could be requested to stop using the name if you pick a name that is well known by the public for many years. In order to safeguard against this you should do a preliminary name search on any name you are going to use as a business or trade name, sole proprietorship or partnership.
If you are registering a corporation, you will be required to have a legal element (explained below) but for other registrations such as sole proprietorships, business names and partnerships this will not be necessary. The information herein explains what to look for when using a name for a corporation however the principles can be applied to Ontario business names, partnerships and sole proprietorships as well with the exception of the legal element.
Three elements must be considered when deciding on a name for your Ontario company. (i) the distinctive element of the name (ii) the descriptive element of the name, and (iii) the legal element of the name.
If the name you choose to register is "Crosgrey Carpentry Inc. , the distinctive element is the word "Crosgrey", which is distinctive because it is my last name. Another example of a distinctive element in a name might be "Grenville" as in "Grenville Garden Supplies Ltd." which is distinctive because it describes a location. "Starcross Dental Services Corp." has the distinctive word "Starcross" in it to make it stand out from other dental service companies. The descriptive element describes the type of business. In "Crosgrey Carpentry Inc.", the descriptive element is "Carpentry" which describes the nature of business. In "Grenville Garden Supplies Ltd." the descriptive element is "Garden Supplies" which describes the type of products this business sells. "Dental Services" is the descriptive element for "Starcross Dental Services Corp.".
The Legal Element is the word "Inc." which is a mandatory ending which recognizes the name as the name of a 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 share corporation rather than a business name, sole proprietorship or non-share corporation.
It is not necessary to provide an Ontario Nuans Name Search Report when registering a partnership, business name (trade name) or an sole proprietorship. The government will allow you to register the exact same name as another partnership, business name or sole proprietorship. You should do a preliminary name search regardless to ensure you are picking a name that is different since you could still have legal problems if you register a name exactly the same as someone else.
It is important that you have the search house you contact perform a preliminary name search for the proposed name before the Ontario Nuans name search report is issued. If you do not do this and just order the report prior to checking the name it is possible there will be conflicts and your name will not be accepted. You will then have to order another Search Report.
If a search house is reputable it will not charge you for preliminary name searches when you purchase an name search. If you are not ordering an Ontario Nuans Name Search report because it is not required in cases where you are registering business names, proprietorships or partnerships, you should pay for a preliminary name search to be done to ensure the name has not been taken by anyone else. Some search companies will charge you for preliminary name searches when you order a Nuans so be careful about this because it can get expensive and the preliminary name search should be part of the service when ordering a full name search report.
Even though you are not required to obtain a Nuans when registering a trade name or business name in Ontario you should still have the name you wish to use checked. There could still be a conflict with the name and you could be requested to stop using the name if you pick a name that is well known by the public for many years. In order to safeguard against this you should do a preliminary name search on any name you are going to use as a business or trade name, sole proprietorship or partnership.
If you are registering a corporation, you will be required to have a legal element (explained below) but for other registrations such as sole proprietorships, business names and partnerships this will not be necessary. The information herein explains what to look for when using a name for a corporation however the principles can be applied to Ontario business names, partnerships and sole proprietorships as well with the exception of the legal element.
Three elements must be considered when deciding on a name for your Ontario company. (i) the distinctive element of the name (ii) the descriptive element of the name, and (iii) the legal element of the name.
If the name you choose to register is "Crosgrey Carpentry Inc. , the distinctive element is the word "Crosgrey", which is distinctive because it is my last name. Another example of a distinctive element in a name might be "Grenville" as in "Grenville Garden Supplies Ltd." which is distinctive because it describes a location. "Starcross Dental Services Corp." has the distinctive word "Starcross" in it to make it stand out from other dental service companies. The descriptive element describes the type of business. In "Crosgrey Carpentry Inc.", the descriptive element is "Carpentry" which describes the nature of business. In "Grenville Garden Supplies Ltd." the descriptive element is "Garden Supplies" which describes the type of products this business sells. "Dental Services" is the descriptive element for "Starcross Dental Services Corp.".
The Legal Element is the word "Inc." which is a mandatory ending which recognizes the name as the name of a 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 share corporation rather than a business name, sole proprietorship or non-share corporation.
About the Author:
Resources for Canadian Business Owners performs unlimited preliminary name searches with the purchase of an Nuans Ontario and will pre-check your name for free when you purchase a Ontario Business Name Registration
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