A Company you propose to incorporate can not have the same name or it can not be identical with or too nearly resembling with:
- Name of a company in existence and names already approved by the Registrar of Companies;
- Name of a LLP in existence or names already approved by Registrar of LLP; or
- A registered trade-mark or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999.
The name of a company should start with a noun and should end with the words ‘Private Limited’ in case of a private limited company and the word ‘Limited’ in case of a public limited company.
An application in e-form-1A, using Digital Signature Certificate (DSC) has to be filed by the applicant and after scrutiny; the same will be made available subject to availability. The name, if made available, is liable to be withdrawn anytime before registration or even after incorporation of the company, if it comes to the notice that the name too nearly resembles that of another existing company or a registered trademark.
The name, if made available to the applicant, shall be reserved for sixty days from the date of approval. If, the proposed company has not been incorporated within such period, the name shall be lapsed and will be available for other applicants.
In determining whether a proposed name is identical with another, the following shall be disregarded:
- The words Private, Pvt, Pvt., (P), Limited, Ltd, Ltd., LLP, Limited Liability Partnership;
- The words appearing at the end of the names – company, and company, co., co, corporation, corp, corpn, corp.
- The plural version of any of the words appearing in the name;
- The type and case of letters, spacing between letters and punctuation marks;
- Joining words together or separating the words, as this does not make a name distinguishable from a name that uses the similar, separated or joined words.
- The use of a different tense or number of the same word, as this does not distinguish one name from another.
- Using different phonetic spellings or spelling variations, as this does not distinguish one name from another.
- The addition of an internet related designation, such as .COM, .NET, .EDU, .GOV, .ORG, .IN, as this does not make a name distinguishable from another, even where (.) is written as ‘dot’;
- The addition of words like New, Modern, Nav, Shri, Sri, Shree, Sree, Om, Jai, Sai, The, etc., as this does not make a name distinguishable from an existing name.
- Different combination of the same words, as this does not make a name distinguishable from an existing name.
- Exact Hindi translation of the name of an existing company in English especially an existing company with a reputation.
In addition to above, the user shall also adhere to following guidelines: —
- It is not necessary that the proposed name should be indicative of the main object.
- If the Company’s main business is finance, housing finance, chit fund, leasing, investments, securities or combination thereof, such name shall not be allowed unless the name is indicative of such related financial activities, viz., Chit Fund/ Investment/ Loan, etc.;
- If it includes the words indicative of a separate type of business constitution or legal person or any connotation thereof, the same shall not be allowed.
- Abbreviated name such as ‘BERD limited’ or ”23K limited’ cannot be given to a new company. However the companies well known in their respective field by abbreviated names are allowed to change their names to abbreviation of their existing name.
- If the proposed name is identical to the name of a company dissolved as a result of liquidation proceeding should not be allowed for a period of 2 years from the date of such dissolution since the dissolution of the company could be declared void within the period aforesaid by an order of the Court, if the proposed name is identical with the name of a company which is struck off in pursuance of action under Act, then the same shall not be allowed before the expiry of 20 years from the publication in the Official Gazette being so struck off since the company can be restored anytime within such period by the competent authority;
- If the proposed names include words such as Insurance , Bank , Stock Exchange , Venture Capital , Asset , Nidhi Mutual fund etc., the name may be allowed with a declaration by the applicant that the requirements mandated by the respective Act/ regulator, such as IRDA, RBI, SEBI, MCA etc. have been complied with by the applicant;
- If the proposed name includes the word “State”, the same shall be allowed only in case the company is a government company. Also, if the proposed name is containing only the name of a continent, country, state, city such as Asia limited, Germany Limited, Haryana Limited, Mysore Limited, the same shall not be allowed;
- If the proposed name contains any word or expression which is likely to give the impression that the company is in any way connected with, or having the patronage of, the Central Government, any State Government, or any local authority, corporation or body constituted by the Central or any State Government under any law for the time in force, unless the previous approval of Central Government has been obtained for the use of any such word or expression.
- If a foreign company is incorporating its subsidiary company, then the original name of the holding company as it is may be allowed with the addition of word India or name of any Indian state or city, if otherwise available.
- Change of name shall not be allowed to a company which is defaulting in filing its due Annual Returns or Balance Sheets or which has defaulted in repayment of matured deposits and debentures and/or interest thereon.