Domain Name Registration!

Domain Name Creation for Ontario and Federal Canadian Corporations

The objective of having both a corporate name and a domain name which are distinctive is to prevent confusion in the marketplace. This means, for example, that the public should not incorrectly associate your business with another business because of either of these names. Such associations are particularly detrimental if the other business has been sued or declared bankruptcy. This also means that clients and potential clients should be able to find your telephone number and Internet URL easily when they want to contact you, rather than inadvertently contacting your competitor.

We previously considered how to reach these objectives by creating a distinctive corporate name. That approach may or may not be appropriate for a domain name, depending on the target audience of your domain name:

If the main objective of your web site is to provide a service capability to existing customers, a domain name which matches your corporate name is appropriate, since these visitors are already familiar with your business under that name. Similarly, if your domain name is primarily used for e-mail addresses, having your corporate name as your domain name will enhance your corporate prestige.

If the main objective of your web site is to attract new customers, as opposed to serving existing customers, your corporate name is probably not the best domain name, since your target audience is not familiar with it. You are frequently better off to use a more general domain name, while ensuring some degree of distinctiveness to prevent confusion.

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Jurisdiction of Incorporation in Canada

Steps to Incorporating:

  1. Introduction
  2. Jurisdiction of Incorporation
  3. Corporate Name Creation
  4. NUANS Name Search
  5. Domain Name Creation
  6. Obtain a Domain Name
  7. Complete Articles
  8. File Articles
  9. Seals and Minute Books
  10. Name Protection
  11. Corporate Marketing
  12. Deductions and Taxes

There are Tradeoffs between Federal and Provincial Incorporation in Canada

The tradeoffs between these include:

1) Ease of getting a name

Regulations in the Federal and most Provincial jurisdictions in Canada  require that a corporate name not be confusing with an existing trade name or trade mark anywhere in Canada. However, the application of this regulation is quite different in each jurisdiction.

For example, Ontario is unlikely to refuse a proposed name unless it is virtually identical with an existing name. The government places the onus on the incorporator to determine confusion. In contrast, the Federal government makes the determination of confusion for the incorporator. This results in the rejection of many corporate names that Ontario would allow.

2) Degree of Protection Provided

Although a NUANS name search for incorporating an Ontario company contains Corporate Names across Canada, other provinces generally do not search Ontario Trade names. This means that if you incorporate ABC Enterprises Ltd. in Ontario, someone else could incorporate ABC Enterprises Ltd. in Alberta at a later date.

In contrast, most provinces search the names on Federal corporations, thus providing a greater degree of protection for your corporate name. However, provincial regulations will determine the degree of similarity permitted. Additional protection may be obtained by registering a trademark.

3) Price

The government filing fee is:

  1. New Brunswick – $260
  2. Ontario – $360
  3. Federal – $250

jurisdiction

NUANS Name Search for Ontario and Federal Canadian Incorporations

Order a NUANS name search:

Ontario   Federal

Government regulations for both Ontario and Federal Canadian corporations require that your proposed name not be confusing with a Trade Mark, corporate name or name of a proprietorship anywhere in Canada. There are three major steps to determining conformance to this criterion.

1) The NUANS Corporate Name Search

The first step in determining the availability of your proposed corporate name for an Ontario or a Canadian Federal corporation is to have a NUANS name search done.

The NUANS database is a centralized database which belongs to the Federal government and contains Trade names and Trademarks across Canada. A NUANS name report provided from this database must be attached to your Canadian Federal or Ontario Articles of Incorporation, unless you are incorporating a numbered company. Although not mandatory, it is beneficial to do a NUANS search before registering a sole proprietorship.

NUANS name searches are performed by the Federal government. Our role is to discuss your proposed name with you, submit the name to be searched according to specific parameters and then retrieve and discuss the results with you. A typical search parameter specifies whether the search will be for a Canadian Federal or Provincial incorporation. This must be done, since one government will not accept a search which is biased toward the other government.

The NUANS printout for Canadian Federal and most Provincial incorporation provides 3 pages of Trade Names and two pages of Trademarks which are similar to the proposed corporate name. For example, if our name, CECOR, were submitted, the search would contain businesses which contained the word Cekor, Secor, Sekor or C-core. It would also identify the jurisdiction under which the business or organization exists, the date at which the incorporation, amendment or other activity occurred, and possibly the city in which it is located.

Similar information is provided for Trademarks which are similar to the proposed corporate name.

2) Apply Availability Criteria

The are several criteria which determine if your proposed name conforms to government regulations, and thus, is available for your corporation. Although there are several restrictions on the type of name permitted, e.g., the name must not suggest government sponsorship or violate specific Acts, the main reason for lack of availability is confusion with an existing Trade Name or trademark anywhere in Canada.

The availability of a name for a Federal corporation normally requires providing specific information to the government to supplement that contained on your NUANS report. This additional information is often instrumental in making your proposed name available for your corporation. In order to facilitate the incorporation process, it is frequently worthwhile to obtain pre-approval of your proposed name from the federal government. You can apply for pre-approval on your own using Industry Canada’s Name Policy Guidelines, or ask us to apply for pre-approval for you.

See our Frequently Asked Questions about what do if your initial proposed name is not available, and on tips for increasing the probability of your proposed name being available.

3) Recycle if necessary

There will be occasions when, as a result of your first NUANS search, the name you initially proposed is not available. In this case we will continue to work with you by helping you use your original NUANS printout to modify your name so that it will meet the availability criteria.

Incorporation & Corporate Seal Kit

Steps to Incorporating an Ontario or Federal Canadian Corporation

Steps to Incorporating:

  1. Jurisdiction of Incorporation
  2. Corporate Name Creation
  3. NUANS Name Search
  4. Domain Name Creation
  5. Obtain a Domain Name
  6. Complete Articles
  7. File Articles
  8. Seals and Minute Books
  9. Name Protection
  10. Corporate Marketing
  11. Deductions and Taxes
  12. Consider all steps and options

The following pages list steps to creating your Provincial or Federal Corporation in Canada. These range from determining the name of your corporation, to creating an image and publicity for marketing your business, to taxes. To keep the write-up simple, each of these steps is described as an isolated part of the incorporation process. In practice, a step may be accomplished, another step done, and then the previous step returned to. This iterative process could occur, for example, when you are trying to get your corporate name and your domain name to match, since it is unlikely that you will find matching names on your first attempt.

Depending on your particular business, it may not be necessary to actively pursue all the steps considered here. However, you should consider all of them to ensure that a particular step does not apply. Some businesses may also require additional steps.

Corporate Seal and Minute Book

We provide a Corporate Minute Book in several formats. The content is the same in all cases; only the packaging differs.

Our Executive Minute Book kit, otherwise known as the impressive kit, consists of a black plastic attaché case containing everything you need to adhere to the government-mandated Organizational requirements for your corporation, including tabs for: Corporate By-Laws, opening and ongoing Director Resolutions, Shareholder Resolutions, Director’s Register and Officers List, Shareholder Register, Securities Register, Securities Transfer Register, Corporate Summary Sheet, as well as additional tabs for Articles of Incorporation, Shareholder Agreements, and forms filed. Twenty share certificates are pre-printed with your corporate name. The outside of the kit contains a distinctive brass plate displaying the name of the corporation. Our stylish desk-top corporate seal is stored in a compartment inside the case. This kit also contains the contents in electronic format. $144.95

Our Minute Book in electronic format contains Corporate By-Laws, opening and ongoing Director Resolutions, Shareholder Resolutions, Director’s Register and Officers List, Shareholder Register, Securities Register, Securities Transfer Register, and Corporate Summary Sheet,. It is no longer necessary to complete the contents by hand: everything, including share certificates can be printed from your computer. Requires Microsoft Word, version 6 or newer to be functioning on your computer. Includes our stylish desk-top corporate seal. $104.95

Ten  8.5×11 inch Blank Share Certificate Forms on parchment with a raised printed border, for use with our Minute Book on disk, are optionally available. $9.95

Our corporate seal is modern and stylish, and will look superb on any desk. A brass plate on the handle identifies the corporation. This seal is included in the price of all of the above Minute Book kits. $59.95

Complete Incorporation Packages. Ontario Incorporation Packages are often presented as  the no-hassle way to incorporate your business in the province of Ontario. This package gives you a complete business corporation, including:

  • NUANS name search
  • Articles of Incorporation on Disk
  • filing your Articles with the government
  • a Minute Book on Disk and a Corporate Seal
  • electronic filing of your corporate Initial Return

View here what a Complete Ontario Incorporation Package includes:

  • Our Federal Incorporation Package is the no-hassle™ way to incorporate your business federally in Canada. This package gives you a complete business corporation, including:
  • NUANS name search
  • requesting a Name Decision Letter from the federal government
  • Articles of Incorporation on Disk
  • filing your Articles with the government
  • a Minute Book on Disk and a Corporate Seal

Click here for more information on complete Federal Incorporation Packages. We believe they should generally start at: $249.95. Here is a list of companies we recommend using to incorporate if you don’t want to walk through the steps yourself.

  1. Incorporation Centre
  2. Incorporate Online

And you can do further reading here:

  1. Canadian Business Development

Web Services

Part of our outreach program to promote Canadian business involves spreading the gospel about the importance of a Web Presence, even if it means contracting for a service.

Obtain your Domain Name in the .com, .org, .net, or .ca domain, .com, .org or .net Domain Name with Domain Name Parking. One of our suggests companies below can assist you with setting up your Domain Name and DNS servers and provide you with a generic Under Construction Page for up to 2 years. Includes all fees for 2 years. $70.00

.ca Domain Name with Domain Name Parking . We will set up your Domain Name on our DNS servers and provide you with a generic Under Construction Page for up to 2 years, permitting you to use your Domain Name before constructing a web site. Includes all fees for 2 years. $100.00

Obtain your Domain e-mail to significantly enhance your business image

.com e-mail package forwards messages sent to 3 addresses at your domain name to your local dial-up mailbox for a period of up to 2 years. Includes a .com, .net or .org Domain Name and all fees for 2 years. Additional addresses at your domain name are available at $39.95 each for a period of up to 2 years. $110.00

.ca e-mail package forwards messages sent to 3 addresses at your domain name to your local dial-up mailbox for a period of up to 2 years. Includes registration of a .ca Domain Name and all fees for 2 years. Additional addresses at your domain name are available at $39.95 each for a period of up to 2 years. $140.00

canton-website

Obtain an affordable web site to market your business

.com web site provides a web page at your domain name for a period of up to 2 years. Includes a .com., .net or .org Domain Name, an unlimited number of forwarded e-mail addresses, 3 with autoresponders , and all fees for up to 2 years. Several choices of design are available. Five updates to the web page are also included. $300.00

.ca web site provides a web page at your domain name for a period of up to 2 years. Includes a .ca Domain Name, an unlimited number of forwarded e-mail addresses, 3 with autoresponders , and all fees for up to 2 years.  Several choices of design are available. Five updates to the web page are also included. $330.00

Please note that items involving .ca, .com, .net or .org Domain Names include all registration and other fees. This is because of a kick-back the tourism board provides web design companies who help local companies. 

And, finally, here are some of the companies we highly recommend for Canadian web design (in no particular order):

Each design company has its own specialty and so you should check each one’s full suite of services and prices before coming to a decision. If you decide on one of them, let them know where you found their name so that we can receive credit. We work in a small community here and find it encouraging when our resources help start and get the next Canadian business off the ground.