It's a thrilling experience, opening a business in Canada, but before you can get the ball in motion, one of the first things you'll do is choose a name. But before you can proceed to name your business with it, you must ensure that it's available and legal. Depending on where you're registering, this may involve either a name approval or a NUANS report. In this blog, we will examine the differences between these two processes and explain what each is. We will also consider the provincial regulations across Canada to better provide you with an understanding of what is needed for your business registration needs. A NUANS report is a name search facility used on several provinces across Canada for business name registration. It's an advance search that looks for similarity to your proposed business name and any previously used by corporations, business names, or registered trademarks. This search is meant to ensure that your name is unique and does not infringe on the intellectual property of someone else. The NUANS report serves the same purpose no matter where you’re registering your business—it ensures that the name you’ve chosen is distinct and available for use without conflicting with other businesses or trademarks. Name Approval is the process used in some provinces to check if your proposed business name is available for registration. The process involves checking the name against the provincial registry, and it typically includes a check to ensure the name is not in breach of trademarks or other registered firms in the province. In name approval provinces, the process could be simpler than a NUANS report, but it renders your business name legally enforceable. But, as opposed to the NUANS report, Name Approval checks are typically limited to the provincial level and could not include as comprehensive a search across the country. NUANS Report: This is required when registering a business name in provinces where NUANS is required, e.g., Federal incorporation, Prince Edward Island, and New Brunswick. The report confirms that your name is not taken at the national and provincial levels and checks against trademarks and other registered businesses. Name Approval: In others like British Columbia, Manitoba, Saskatchewan, etc., you may have to pass only through the Name Approval step. While checks tend to remain at the provincial level, the above jurisdictions still verify that your proposed name won't violate any registered trademarks or other businesses already existing. In these provinces, name approval would also involve confirmation of your name's compliance with other local statutes. Observe that federal incorporation is a two-step process. You will first need to obtain a NUANS report to test for name availability, and then you will file your name for name approval. The approval of the name and NUANS reports are intended to prevent confusion, avoid legal conflicts, and protect intellectual property. Regardless of whether you are registering provincially or federally, having your name reserved and legally compliant is essential in creating your brand identity and avoiding legal issues in the future. Choosing a business name that is already being used can delay your registration and can result in additional fees or even legal wars in the future. That's why it's so vital to do these checks at the start of the process. Name Conflicts: Irrespective of whether you're doing a NUANS report or applying for Name Approval, there's always a chance that the name you want to use is being used. Company owners sometimes have to try many name searches before discovering one that is available. Confusion Over Provincial and Federal Regulations: Business owners may confuse the various procedures between provinces, particularly if they don't know the rules of the jurisdiction in which they're registering. It's important to know what steps to take based on where your business will be. Trademark Issues: Even when a business name is available in your province, it's essential to ensure that it won't infringe on the rights of an existing trademark. While certain provinces integrate a review of the trademark within the Name Approval process, there are others that don't, and therefore entrepreneurs have to be particularly vigilant to conduct a proper search for trademarks. At AR Business Registry, we facilitate the business registration for you by guiding you through the NUANS report and Name Approval process. Federally or provincially, we ensure that your business name is compliant, available, and ready to go. Through our specialist knowledge of the registration process across Canada, we do the hard work for you, taking the time and effort out of it and ensuring your registration is easy. Whether you need a NUANS report or Name Approval, you should go through the appropriate procedure for your federal jurisdiction or province so that your business name is clear and acceptable to the law. We make it easier for you at AR Business Registry by streamlining the process, taking you through the procedures with professional guidance and support. Ready to start your business? Start today and let us get the ball rolling on registering your business!
NUANS Report vs Name Approval: Everything You Need to Know for Registering a Business in Canada
What is a NUANS Report?
What is Name Approval?
Why Are These Processes Important?
Typical Problems Small Business Owners Encounter
How AR Business Registry Can Help
Conclusion