Company Name- Basics

Company Naming Explained
author01 9 Apr 3 min read

Company Name- Approval Process

Company Naming Explained
author02 7 Apr 5 min read

Company Name Availability

Company Naming Explained
author03 6 Apr 2 min read

Company Name - Undesirable Names

Company Naming Explained
author04 6 Apr 2 min read

Company Name, Business Name etc.

Company Naming Explained
author05 6 Apr 2 min read

Company Names - Facts disregarded

Company Naming Explained
author06 6 Apr 2 min read
Company Naming Explained

Company Name Availability

author01 9 Apr 3 min read

As a first step towards registering a Company or LLP, the promoter should get the proposed Company Name approved by the respective Registrar of Companies (ROC). Company name approval and allotment process in India is administered by the Ministry of Corporate Affairs (MCA) as per the Company Name Availability Guidelines issued under Companies Act 2013 and LLP Name Availability Guidelines issued under LLP Act 2008.

The basic concept of name availability is that name proposed for registration shall no identical or resemble to an existing Company or LLP name. Also the proposed name shall be within the rules framed by government of India from time to time.

Point to be noted before selecting the name.

  • Check MCA website www.mca.gov.in for name availability to see that any company is registered with similar name.
  • Also see any trademark registered or applicable filed for trademark with proposed name. Use Trademark Public Search link to check whether any trademark registered for the proposed name.
  • Ensure that Company Name and activity has a relation such as for software development for company name XYZ Software Private Limited.
Company Naming Explained

Company Name

author02 7 Apr 5 min read

Company Name approval and allotment process in India is administered by the Ministry of Corporate Affairs (MCA) as per the Company Name Availability Guidelines issued under Companies Act 2013.

'Company Name' is the name by which a registered Company is being identified. Generally, name of the Company depicts its Trade Name or Brand Name along with its main activities.

In the case of a private limited company, the name shall end with words "Private Limited" or with word "Limited" in case of a public limited company. Company Name has three parts. 'The Name', 'Activity' and words 'Private Limited' or 'Limited' as the case may be.

For Example 'CompaniesInn.com India Private Limited'. Here, 'CompaniesInn' stands as unique name, '.com' refers to online services, 'India' stands as a 'noun' and 'Private Limited' refers to the mandatory requirement of last words for a Private Limited Company. We have registered the name 'CompaniesInn' as a Trademark. Thereafter when converted to a Limited Liability Partnership, we have changed the name as 'CompaniesInn.com LLP'.

The Company Name SHOULD

  • Be unique
  • Contain a noun and an activity word that reflects its objectives
  • Be in line with Company Name Guidelines issued by Ministry of Corporate Affairs.
  • The Company Name SHOULD NOT

  • Be same, similar, identical or resembling to the name of an existing Company or LLP registered. Phonetically similar names also to be avoided.
  • Be similar of a registered trade mark or a trade mark for which an application has already been filed.
  • Be Offensive.
  • Be Undesirable in the opinion of the Central Government (Undesirability of names explained separately.
Company Naming Explained

Company Name Availability

author03 6 Apr 2 min read

Company Name approval and allotment process in India is administered by the Ministry of Corporate Affairs (MCA) as per the Company Name Availability Guidelines issued under Companies Act 2013.

As per the Company Name Availability Guidelines.

The name of a Company should

  • Be unique
  • Contain a noun and an activity word that reflects its objectives
  • Be in line with Company Name Guidelines issued by Ministry of Corporate Affairs.
  • The Company Name SHOULD NOT

  • Be same, similar, identical or resembling to the name of an existing Company or LLP registered. Phonetically similar names also to be avoided.
  • Be similar of a registered trade mark or a trade mark for which an application has already been filed
  • Be Offensive
  • Be Undesirable in the opinion of the Central Government (Undesirability of names explained separately

While determining whether a proposed name is identical with another, the differences on account of the following shall be disregarded

  • The words like Private, Pvt, Pvt., (P), Limited, Ltd, Ltd., LLP, Limited Liability Partnership.
  • Words appearing at the end of the names – company, and company, co., co, corporation, corp, corpn, corp.
  • Plural version of any of the words appearing in the name.
  • Type and case of letters, spacing between letters and punctuation marks.
  • Joining words together or separating the words does not make a name distinguishable from a name that uses the similar, separated or joined words.
  • Use of a different tense or number of the same word does not distinguish one name from another
  • Using different phonetic spellings or spelling variations shall not be considered as distinguishing one name from another. Illustration (For example, P.Q. Industries limited is existing then P and Q Industries or Pee Que Industries or P n Q Industries or P & Q Industries shall not be allowed and similarly if a name contains numeric character like 3, resemblance shall be checked with ‘Three’ also
  • Misspelled words, whether intentionally misspelled or not, do not conflict with the similar, properly spelled words
  • The addition of an internet related designation, such as .com, .net, .edu, .gov, .org, .in 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. does not make a name distinguishable from an existing name and similarly, if it is different from the name of the existing company only to the extent of adding the name of the place,
Company Naming Explained

Company Name - Undesirable Names

author04 6 Apr 2 min read

The name shall be considered undesirable, if

  • It Contravenes the provisions of the Emblems and Names (Prevention and Improper Use) Act, 1950
  • It includes the name of a registered trade mark or a trade mark which is subject of an application for registration, unless the consent of the owner or applicant for registration, of the trade mark, as the case may be, has been obtained and produced by the promoters
  • It includes any word or words which are offensive to any section of the people

The name shall also be considered undesirable, if-

  • The proposed name is identical with or too nearly resembles the name of a limited liability partnership
  • It is not in consonance with the principal objects of the company as set out in the memorandum of association; Provided that every name need not be necessarily indicative of the objects of the company, but when there is some indication of objects in the name, then it shall be in conformity with the objects mentioned in the memorandum.
  • The company’s main business is financing, leasing, chit fund, investments, securities or combination thereof, such name shall not be allowed unless the name is indicative of such related financial activities, viz., Chit Fund or Investment or Loan, etc.
  • It resembles closely the popular or abbreviated description of an existing company or limited liability partnership
  • The proposed name is identical with or too nearly resembles the name of a company or limited liability partnership incorporated outside India and reserved by such company or limited liability partnership with the Registrar:
  • Provided that if a foreign company is incorporating its subsidiary company in India, 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
  • Any part of the proposed name includes the words indicative of a separate type of business constitution or legal person or any connotation thereof e.g. co-operative, sehkari, trust, LLP, partnership, society, proprietor, HUF, firm, Inc., PLC, GmbH, SA, PTE, Sdn, AG etc.
  • Explanation.- For the purposes of this sub-clause, it is hereby clarified that the name including phrase ‘Electoral Trust’ may be allowed for Registration of companies to
  • Be formed under section 8 of the Act, in accordance with the Electoral Trusts Scheme, 2013 notified by the Central Board of Direct Taxes (CBDT).
  • Provided that name application is accompanied with an affidavit to the effect that the name to be obtained shall be only for the purpose of registration of companies under Electoral Trust Scheme as notified by the Central Board of Direct Taxes.
  • The proposed name contains the words ‘British India’
  • The proposed name implies association or connection with embassy or consulate or a foreign government
  • The proposed name includes or implies association or connection with or patronage of a national hero or any person held in high esteem or important personages who occupied or are occupying important positions in Government
  • The proposed name is vague or an abbreviated name such as ‘ABC limited’ or ‘23K limited’ or ‘DJMO’ Ltd: abbreviated name based on the name of the promoters will not be allowed. For example:- BMCD Limited representing first alphabet of the name of the promoter like Bharat, Mahesh, Chandan and David
  • Provided that existing company may use its abbreviated name as part of the name for formation of a new company as subsidiary or joint venture or associate company but such joint venture or associated company shall not have an abbreviated name only e.g. Delhi Paper Mills Limited can get a joint venture or associated company as DPM Papers Limited and not as DPM Limited
  • Provided further that the companies well known in their respective field by abbreviated names are allowed to change their names to abbreviation of their existing name after following the requirements of the Act
  • The proposed name is identical to the name of a company dissolved as a result of liquidation proceeding and a period of two years have not elapsed from the date of such dissolution
  • Provided that if the proposed name is identical with the name of a company which is struck off in pursuance of action under section 248 of the Act, then the same shall not be allowed before the expiry of twenty years from the publication in the Official Gazette being so struck off
  • It is identical with or too nearly resembles the name of a limited liability partnership in liquidation or the name of a limited liability partnership which is struck off up to a period of five years
  • The proposed name include words such as ‘Insurance’, ‘Bank’, ‘Stock Exchange’, ‘Venture Capital’, ‘Asset Management’, ‘Nidhi’, ‘Mutual fund’ etc., unless a declaration is submitted by the applicant that the requirements mandated by the respective regulator, such as IRDA, RBI, SEBI, MCA etc. have been complied with by the applicant
  • The proposed name includes the word “State”, the same shall be allowed only in case the company is a government company
  • 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 name is only a general one, like Cotton Textile Mills Ltd. or Silk Manufacturing Ltd., and not Lakshmi Silk Manufacturing Co. Ltd
  • It is intended or likely to produce a misleading impression regarding the scope or scale of its activities which would be beyond the resources at its disposal
  • The proposed name includes name of any foreign country or any city in a foreign country, the same shall be allowed if the applicant produces any proof of significance of business relations with such foreign country like Memorandum of Understanding with a company of such country: Provided that the name combining the name of a foreign country with the use of India like India Japan or Japan India shall be allowed if, there is a government to government participation or patronage and no company shall be incorporated using the name of an enemy country. Explanation.- For the purposes of this clause, enemy country means so declared by the Central Government from time to time.
Company Naming Explained

Company Name, Business Name etc.

author05 6 Apr 2 min read

Company Name

A 'Company Name' generally refers to the name of a business organization, e.g. CompaniesInn.com LLP. It is the registered name of the organization under relevant legal provisions. The Company name should be referred to all communications, documents, letter heads and invoices.

Business Name

A 'Business Name' refers to the trading name, such as 'CompaniesInn'. It is the usual reference of a company in general business use. It can be different from the Company Name. An organization can open a bank account with Business Name.

Trademark

A trademark is typically a name, word, phrase, logo, symbol, image or a combination of these to distinguish a company's products and services from that of others. A trademark is also used as a marketing tool for creating awareness and recognition of a company's products or services among customers.

Brand Name

A brand name refers to the name of a product or services of a Company. For eg. 'LegalDoC' is product provided by CompaniesInn.com LLP. A Company can have multiple brand names. A Brand Name can be registered as Trademark.

Logo

A logo is the pictorial or symbolic representation of a brand and it need not contain names or taglines. It could just be a line or a curve to identify the product or service. When the logo includes business or brand name or taglines it is referred to as a Composite Mark.

Domain Name

A unique name that identifies an internet resource such as a website is a domain name. It is an identification string that defines a realm of administrative autonomy, authority or control on the Internet. Domain names are formed by the rules Domain Name System (DNS). Any name registered in the DNS is a domain name.

Company Naming Explained

Company Names - Facts disregarded

author06 6 Apr 2 min read

While determining whether a proposed name is identical with another, the differences on account of the following shall be disregarded -

  • The words like Private, Pvt, Pvt., (P), Limited, Ltd, Ltd., LLP, Limited Liability Partnership
  • Words appearing at the end of the names – company, and company, co., co, corporation, corp, corpn, corp.
  • Plural version of any of the words appearing in the name
  • Type and case of letters, spacing between letters and punctuation marks
  • Joining words together or separating the words does not make a name distinguishable from a name that uses the similar, separated or joined words
  • Use of a different tense or number of the same word does not distinguish one name from another
  • Using different phonetic spellings or spelling variations shall not be considered as distinguishing one name from another. Illustration (For example, P.Q. Industries limited is existing then P and Q Industries or Pee Que Industries or P n Q Industries or P & Q Industries shall not be allowed and similarly if a name contains numeric character like 3, resemblance shall be checked with ‘Three’ also
  • Misspelled words, whether intentionally misspelled or not, do not conflict with the similar, properly spelled words
  • The addition of an internet related designation, such as .com, .net, .edu, .gov, .org, .in 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. Does not make a name distinguishable from an existing name and similarly, if it is different from the name of the existing company only to the extent of adding the name of the place, the same shall not be allowed; such names may be allowed only if no objection from the existing company by way of Board resolution is submitted
  • Different combination of the same words does not make a name distinguishable from an existing name, e.g., if there is a company in existence by the name of “Builders and Contractors Limited”, the name “Contractors and Builders Limited” shall not be allowed unless it is change of name of existing company
  • If the proposed name is the Hindi or English translation or transliteration of the name of an existing company or limited liability partnership in English or Hindi, as the case may be.