What You Need to Know Before Ordering an New Brunswick 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.
The New Brunswick government also requires that a New Brunswick Nuans Report be provided at the time of registering a New Brunswick sole proprietorship, a New Brunswick partnership and a business name on behalf of a New Brunswick company already registered in that province. The Companies Branch in New Brunswick is very careful about granting name clearances and it is therefore very important to ensure your name is very different from any other names already registered. It is advisable to do a preliminary name search before ordering a full New Brunswick Nuans report just to ensure the name is available. Having a preliminary name search performed on your proposed business name will let you know if anyone is using the name prior to your ordering a full New Brunswick Nuans name search report. The reason for this is that once you order the New Brunswick name search it is too late to check the name. If the New Brunswick Nuans report shows that your name is too close to another name your proposed name will be rejected by the government in New Brunswick and it will be necessary for you to order another New Brunswick name search. Keep in mind that the government looks at not just names registered in New Brunswick but those registered right across Canada.
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.
If you are registering an New Brunswick corporation, you will be required to have a legal element in your name (explained below) but for other registrations such as sole proprietorships, business names and partnerships this will not be necessary.
Below is an explanation of how to pick a name for a corporation however the principles can be applied to business names 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 of Union Dental Services Corp. is the word “Corp.” 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 company that issues shares rather than a business name or sole proprietorship which would not have a legal element.
A reputable search house will take the time to try and clear your name by performing as many preliminary name searches as are required to clear your name. Notwithstanding this, the government examiners have different points of view and different methods of clearing names which is not always evident at the time of performing a preliminary name search. Your proposed name could still be rejected even though the search house took the time to check. There is just no guarantee but performing a preliminary name search cuts down the odds that your name will be rejected by the New Brunswick government.
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 Sole Proprietorship Registrations.
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