List of Name Rejection/Approval Notices with codes

Table of Contents

• A - The Proposed Name is Available For Use As A Corporate Name
• C - The Proposed Name is Not Available Without Meeting The Following Requirement(s)
• G - The Proposed Name is Not Available Because
• I - The Proposed Name Does Not Appear To Be Available Because
• M - The Proposed Name is Not Available Because
• N - It is Not Possible To Make a Decision Without The Following Requirement(s)

A1 - Subject to assumption of risk

However
Such availability is subject to the applicants assuming full responsibility for any risk of confusion with existing business names, trade marks and official marks (including those set out in the relevant NUANS® search report(s)). Acceptance of such responsibility will comprise an obligation to change the name to a dissimilar one in the event that representations are made and established that confusion is likely to occur. (The use of any name granted is subject to the laws of the jurisdiction where the company carries on business.)

Such availability is based on the current NUANS® search report and any other facts known to Corporations Canada at this time. New information coming to our attention prior to or on filing articles could effect this availability. If any printing or other use of the name is made before the certificate is issued, it will be done at the risk of the applicant.

A2 - Approval conditional

This approval is conditional on the fact that the confusing proposed
name(s) appearing on the NUANS® search report was (were) proposed by the applicant.

A3 - Blank

A4 - Professional associations (Reg. 22(c))

Please note that since professional associations are subject to the laws of the jurisdiction where the company carries on business, the applicant may wish to contact the appropriate authorities for more information before using the name (Reg. 22(c))

A5 - Inadequate NUANS® search report

This approval is conditional on the client assuming the risk of relying on a technically inadequate NUANS® search report.

A6 - Original consent

This approval is conditional on the client filing the consent(s) when filing the articles.

A7 - Original consent of identified companies

This approval is conditional on the client filing the consent(s) of the businesses identified on the attached search report.

A7a - consent person's name

This approval is conditional on the returning articles being accompanied by the consent of 1- , the individual concerned or their heir or their legal representative, stating that the individual has or had a material interest in the proposed company, unless he is an incorporator (signs articles), or a first director, in which case such consent and undertaking is not necessary. (Reg. 26)

A8 - Continuance/Amalgamation condition

This approval is conditional on the continuing corporation undertaking that it will not carry on business between the date of continuance and the date of amalgamation and will not, during that time, provide a consent under Reg. 31 for another entity to use its name.

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C - The Proposed Name is Not Available Without Meeting the Following Requirement(s):

C1 - consent & undertaking (Reg. 28)

It will be necessary for the applicant to file with this Department written consent of: 1- for the use of the name, along with a written undertaking from the consenting party to dissolve or to change its name before the corporation proposing to use that name begins to use it. (Reg. 28)

C1a - not C.O.B. for 2 years (Reg. 28)

The consenting party should also confirm in writing that it has not carried on business in the last 2 years. (Reg. 28)

C2 - consent (Reg. 29)

It will be necessary for the applicant to file with the Department an unconditional consent:1- to the use of the proposed name. (Reg. 29)

C3- consent & undertaking (Reg. 30)

It will be necessary for the applicant to file with this Department the written consent of: 1- to the use of the name along with a written undertaking from the consenting party to dissolve or to change its name before the corporation proposing to use that name commences to carry on business under that name. (Reg. 30)

C3a - year in brackets (Reg. 30)

It will be necessary to add the year of incorporation or the year of the most recent amendment, in parentheses, directly before the legal element to the corporate name. (Reg. 30)

C4 - consent & undertaking (Reg. 31(3)(a))

It will be necessary for the applicant to file with this Department written consent of: 1- to the use of the name along with a written undertaking from the consenting party to dissolve or to change its name before the corporation proposing to use that name commences to carry on business under that name. (Reg 31(3)(a))

C4a - affiliated and substantially all assets (Reg 31)

It will be necessary to confirm in writing that the corporation taking a name identical to that of an existing body corporate, is or will be affiliated to that body corporate and has, or will immediately acquire, substantially all the property of that body corporate. (To be confirmed by the applicant in writing when the acquisition has taken place). (Reg. 31)

C5 - consent & undertaking trade names

It will be necessary for the applicant to file with this Department written consent of: 1- for the use of the name along with a written undertaking from the consenting party to cease carrying on business under the trade name or to transfer rights in the trade name to the corporation bearing the proposed name.

C6 - Consent person's name (Reg. 26)

Articles must be accompanied by the consent of: 1,- or their heir or their legal representative together with a declaration of material interest in the proposed company, unless that person is an incorporator (signs articles) or is a director in which case a consent and declaration is not necessary. (Reg. 26)

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G - The Proposed Name is Not Available Because:

G1 - only descriptive of business (Reg. 24)

It appears to lack distinctiveness because it only describes the type of business, industry, product or service of the corporation. (Reg. 24)

G1a - add something distinctive (Reg. 24)

It will be necessary to add something distinctive to the name, something like a made-up or coined word, eg. "Spillex", a dictionary word used fancifully, eg. "Echo" or "Eagle", a personal name, eg. "George Brown" or "Hughes". Suffixes like ".ca", ".com", "@" or "e" are not treated as distinctive elements. (Reg. 24)

G2 - only descriptive of a quality of company's business (Reg. 24 )

It appears to lack distinctiveness because it only describes a quality of the corporation's business, its goods or services.

G2a - describe proposed business (Reg. 24 )

Please describe the nature of the business of the proposed company.

G2b - explain how name is distinctive (Reg. 24(2))

Names that only describe the business or a quality of the business, are primarily a surname, or primarily geographic, are not prohibited if, through extensive use they have become distinctive. If this your case, please provide affidavit evidence relating to the extent of use and demonstrating how the name has become distinctive.(Reg. 24(2))

G3 - primarily the name of a person (Reg. 24)

It appears to be primarily or only the name of a person used alone. (Reg.24) Add a descriptive word.

G4 - primarily a geographic name (Reg. 24)

It appears to be primarily or only a geographic name used alone. Add a descriptive word. (Reg. 24)

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I - The Proposed Name Does Not Appear To Be Available Because:

I1 - Confusing with trade names and trade marks highlighted (Reg. 17, 18 & 29)

It appears to be confusing with the trade names, trade marks or official marks highlighted on the attached search report. (Reg. 17, 18 & 29)

I1a - Explanation to show no confusion

You may be able to provide information which would enable us to change this decision. Please explain, why, due to differences of wares, services, clientele, territory, etc., there is no likelihood of confusion with existing business names, trade-marks or official marks highlighted on the attached search report. In your reply please indicate the date that the proposed corporate name was first used as a tradename if that was the case.

I1b - Provide derivation

Please provide the derivation of the word -1.

I1c - confusion with a dissolved body corporate (Reg. 27)

Please note that there can be confusion with a body corporate that has been dissolved, if it was dissolved less than 2 years ago. (Reg. 27) This may not be the case if the body corporate had been inactive prior to its dissolution.

I1d - Affidavit, first use

Please provide us with an affidavit relating to the date the proposed corporate name was first used and an undertaking on behalf of the new federal corporation, that it will contest the other party's trade-mark application or registration.

I1s - Confusing with names specified (Reg. 17, 18 & 29)

It appears to be confusing with 1-.

I3 - Use of "GROUP"

The use of the word "GROUP" connotes an umbrella company. It will be necessary to specify the nature of the proposed corporation's business and file the consents of those businesses appearing on the search report which will form part of the group.

I4 - Year in brackets

The use of the year in brackets is normally reserved for a successor company. See the attached excerpt from our policy. If the proposed company will not be a successor company, please explain your reasons for adding the year in brackets.

I5 - Descriptive element

We suggest that you add a descriptive element to your proposed name to distinguish it from others on record.

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M - The Proposed Name is Not Available Because:

M1 - Consent of individual unless director (Reg. 26)

1- appears to be the name of an individual. When the surname of a person forms part of a corporate name, the articles must be accompanied by the consent of the individual concerned or their heir or legal representative, stating that the individual has or had a material interest in the proposed company, unless he is an incorporator (signs articles), or a first director, in which case such consent and undertaking is not necessary. (Reg. 26)

M1a - Affidavit re: fictitious name

If the consent of an individual is not possible it will be necessary to file an affidavit of the principal shareholder of the proposed company stating that the name: 1- is a fictitious name and is not the name of a person who is well-known or known to him or her personally

M2 - Identify other businesses in group

It will be necessary to identify which of the businesses appearing on the search report will form part of the group and to provide their consents or the consent of their parent on their behalf.

M3 - Appears to be non-profit

The proposed name appears to be the name of a not-fo-profit corporation. If it will be a profit corporation, please explain why persons dealing with it will not mistakenly believe that they are dealing with a not-for-profit organization.

M4 - French and English versions connote 2 different companies

The French and English versions of the name connote two different companies. A better translation is needed.

M5 - connotes govt - provide consent (Reg. 22)

The proposed name suggests a connection with the government of: 1-. Please provide the consent requested in the name policy under (Reg. 22)

M5a - connotes govt - argue why not (Reg. 22)

The proposed name appears to connote a connection with the government of Canada and would not be available without governmental consent. You may wish to argue why the proposed name does not connote government.

M6 - Appears to be intended for bank, loan, trust and insurance companies - refer to OSFI (Reg.22)

The proposed name appears to be intended for a bank, trust, loan or insurance company. Banks, trust, loan and insurance companies must be incorporated under the Bank Act, the Trust and Loan Companies Act and the Insurance Companies Act respectively, and not under the Canada Business Corporations Act. We refer you to the Office of the Superintendent of Financial Institutions for information. For loan, trust and banking companies, call 613-990-7251, for life insurance companies, call 613-990-7609 and for property and casualty companies, call 613-990-5893.

M6a - connotes bank, trust, loan or insurance company (Reg.22)

Because the proposed name connotes a loan or trust company or a bank or issuance company, it will be necessaryto obtain and file a consent from the Office of the Superintendent of Financial Institutions ("OSFI"), (416) 973-6117, Mr. Nick Burbidge. This consent should state that the name does not, in fact, connote such an entity.

M7 - Deceptively misdescriptive (Reg. 32)

The corporate name is deceptively misdescriptive of the business, goods or services in association with which it is proposed to be used, or the conditions of production, the persons to be employed or the place of origin of the goods or services. (Reg. 32)

M8 - connotes a post-secondary institution (Reg. 22)

The proposed name suggests a post-secondary degree-granting institution. Please advise whether the corporation proposes to grant bachelors, masters or doctorate degrees or a licentiate. If so, provide evidence of authorization from the relevant federal or provincial authority, to issue degrees. If not, please explain what the corporation will do and why it will not be seen as a post-secondary degree-granting institution.

M9 - legal element is missing

Your proposed corporate name must be rejected because the legal element required by section 10 of the CBCA is missing. Any of the word(s) " Limited", "Limitée", "Incorporated ", "Incorporée", "Corporation" or "Société par actions de régime fédéral" or their abbreviations, "Ltd." "Ltée", "Inc.", "Corp." or "S.A.R.F." can be used as long as they are not used in a figurative or descriptive sense only.

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N - It is Not Possible to Make a Decision Without the Following Requirement(s):

N1 - NUANS® required

It will be necessary to file an updated Canada NUANS® search report (less than 91 days old).

N2 - Separate NUANS® for English and French required

It will be necessary to submit a separate search report for the English version and for the French version.

N3 - Not sufficient information - Provide nature of proposed business

We do not have sufficient information. Please describe the nature of the business of the proposed company.

N4 - Secondary meaning

In order to establish secondary meaning, the applicant must produce affidavit evidence showing how large and well-known the business is. Statements from others in the trade are helpful.

N5 - Affiliated companies

Are you affiliated with the similar existing trade names or trademarks listed on the NUANS® report? If so, please file a written consent or consents.

N6 - Use of "INSTITUTE"

The use of the term "Institute" connotes a not-for-profit organization and would be misleading in the name of a profit corporation. You are free to argue however that this word has become commonly used for businesses in your field and that it therefore no longer connotes exclusively a non-profit business.

N7 - Provincial search submitted - Please submit federal NUANS® report

The search report submitted with your request was conducted for a "Provincial" corporation. Please file a "Federal NUANS® Report" for a final decision.

N8 - Amalgamation, under what name and when?

Under which name are you proposing to amalgamate and when?

N9 - Indicate if foreign parent known and provide consent

We want you to indicate whether there is a foreign parent which carries on business or is otherwise known in Canada. If so, its consent will be required.

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