Company Naming Explained
Trade Mark and Company
The ultimate protection for a company name is secured only by way of a Trademark. The exclusive usage of Business and Trade names are protected by trademark registration. Registering a company or LLP with a particular name does not provide complete protection, except consideration that another company or LLP will not be registered with the same or a closely-resembling name.
If any other person registers a trademark with your company name, he gains priority of the name under trademark laws and is empowered to take legal action against your company for infringement of the trademark and can even request for the change of your company registered name.
For example, CompaniesInn.com LLP is registered as an LLP. LLP laws protect the name from being registered by another LLP or Company. But the name 'CompaniesInn.com' per se is not protected under the LLP Act. However, 'CompaniesInn.com' is also a registered Trademark under Class 45 of Trade Mark Law. Trademark registration provides maximum protection of the name, barring its use by anyone in any form of organization for delivering services provided by CompaniesInn.com.
Once a Trademark is registered, it gives the protection on an exclusive basis for all products or services under the class where the name is registered.
The 'Company Name Availability Guidelines ' also gives priority to a registered trademark and to trademarks for which an application is filed while submitting a company name application. If your company name is unique and you'd like to retain exclusive and priority usage of such name, it is advisable to file a Trademark Application before filing a company name application.
Company Naming Explained
FAQ- Company Name Availability
How to Check Company Name Availability
Possibility of getting a Company Name can be checked by a search at ‘Check Company or LLP Name’ at MCA website. You can check the name by providing proposed ‘Company or LLP Name” and activities.
MCA search Result shows ‘No Results Found’. Shall I get the searched Name?
The MCA Name Search result will only provide the probability of getting the proposed name. The search result does not guarantee the availability of Company or LLP name as the name approval is finally granted by office of Registrar of Companies (ROC). The ROC office will do more refined search of proposed name and will also check with Trademark Registry as well before grant of a Company or LLP Name.
How to make a Company Name Application?
Application for availability of Company Name has to be filed with the Registrar of Companies in Form INC-1. It is preferable to submit the application with multiple names in the order of preference. Company name application must be in line with the Company Name Guidelines.
How many Names can be applied with one application?
Multiple names can be submitted for approval in one application in the order of preference. If the first applied name is not available, ROC will approve the next name. If you are particular about one name, it is preferable to apply with one name only and in case that name is not available apply the next name at the time of resubmission of application. Name application can be resubmitted only once.
How long Company Name is valid for Registration?
Once approved, the name will be reserved for 60 days from the date of application. Company registration documents have to be executed and filed within this time line.
What are the conditions for the use name of relatives for a Company Name?
In case the key word used in the name proposed is the name of a person other than the name(s) of the promoters or their close blood relatives, No objection from such other person(s) shall be attached with the application for name. In case the name includes the name of relatives, the proof of relation shall be attached and it shall be mandatory to furnish the significance and proof thereof for use of coined words made out of the name of the promoters or their relatives.
What are the conditions for use existing Sole proprietor or Partnership name as Company Name?
The applicant shall provide a declaration to state whether they are using or have been using in the last five years , the name applied for incorporation of company or LLP in any other business constitution like Sole proprietor or Partnership or any other incorporated or unincorporated entity and if, yes details thereof and No Objection Certificate from other partners and associates for use of such name by the proposed Company or LLP, as the case may be, and also a declaration as to whether such other business shall be taken over by the proposed company or LLP or not .
What are words that cannot be used Company Name?
The following words and combinations thereof shall not be used in the name of a company in English or any of the languages without previous approval of the Central Government -
- Small Scale Industries
- Khadi and Village Industries Corporation
- Financial, Corporation and the like
- Development Authority
- Prime Minister or Chief Minister
- Forest corporation
- Development Scheme
- Statute or Statutory
- Court or Judiciary
- he use of word Scheme with the name of Government (s) , State , India, Bharat or any government authority or in any manner resembling with the schemes launched by Central, state or local Governments and authorities; and