By Holly Crosgrey

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.

Before incorporating in New Brunswick you must obtain a New Brunswick Nuans search report. The New Brunswick government compares the proposed company name that you wish to use to the names on the New Brunswick Nuans name search report to be sure that the name you wish to use is available and not in use by another company.

You will also be required to provide a New Brunswick Nuans report when you are registering a business name on behalf of a New Brunswick company (already registered), a New Brunswick partnership and when registering a New Brunswick sole proprietorship. You should realize that the New Brunswick government takes great care in ensuring that a proposed name is quite different from other names registered and it is important that you chose a name that is very different from others already registered anywhere in Canada. It is advisable to perform a preliminary name search before ordering your New Brunswck Nuans name search report. A preliminary name search will give you an idea whether the name has been taken or is in use by another company or person and what competition you have for the name. It would not be a good idea to just order a New Brunswick name search without checking to see if the name is available because once the search is ordered there is a cost. If the New Brunswick Nuans report shows a conflict it will be too late and you will need to order another search after you pick another business name. To avoid this cost you perform a preliminary name search. The New Brunswick government compares not only the names already registered in New Brunswick but names that have been registered right across Canada.

It is important that a preliminary name search is performed prior to ordering your New Brunswick Nuans report because if you just ordered the report and the name is not checked it may be rejected if there are any conflicts. As part of the service, a search house will normally perform the preliminary name search before ordering your New Brunswick Nuans name search report and this will be included in the basic cost of the Nuans. Preliminary name searches are ordered as a separate cost in cases where you do not need to order a full search otherwise they are normally part of the service for a full search at no extra cost. Ensure that you pick a search house that includes the cost of the preliminary as part of the cost of the full Nuans report when ordering a New Brunswick name search. In New Brunswick all business names including sole proprietorships, partnerships, company names and business names registered against companies must be accompanied by a New Brunswick Nuans report at the time of registering.

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.

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 "Shipview Business Services Inc.", the descriptive element is "Business Services" which describes the nature of business. In "Swan Pool Supplies Ltd." the descriptive element is "Pool Supplies" which describes the type of products this business sells. "Dental Services" is the descriptive element for "Union Dental Services 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.

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.

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