What’s in a Name? – A Short Guide on Selecting the Right Name for Your Company
Written By
Sanmita Poojari
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AI Summary
- Every company incorporated on or after 23 February 2020 must apply for name reservation and incorporation through the SPICe+ forms on the MCA portal.
- Applicants should check the MCA website (www.mca.gov.in) to confirm the proposed name is not already registered by another company or LLP, including struck off entities.
- Applicants should search the Trademark Registry's public search tool (tmrsearch.ipindia.gov.in) to check if key words in the proposed name are already registered trademarks in India.
- Names cannot include restricted words such as Bank, Insurance, Stock Exchange, Venture Capital, Asset Management, Mutual Fund, National, Union, Central, Board, Commission, or Authority without separate regulatory or government approval.
- Names suggesting association with government bodies or foreign countries, or containing only the name of a continent, country, state, or city, are not permitted.
- A company cannot use a name suggesting financial activities such as financing, leasing, chit funds, investments, or securities unless it actually carries out such activities.
- Names containing words prohibited under the Emblems and Names (Prevention and Improper Use) Act, 1950, or words offensive to any section of people, are barred.
- Use of a registered trademark in the company name requires a No Objection Certificate from the trademark owner, along with a copy of the trademark certificate and a KYC document at the time of application.
- The name reservation application should include the company's proposed main objects, summarising the key business activities it intends to carry out after incorporation.
Reserving a name is the first step in the Incorporation process of a Company, allowing entrepreneurs to search for and secure a unique name for their business.
Every Company incorporated with effect from February 23, 2020 is required to make an application for reservation of name and incorporation through SPICe+ Forms available on the MCA portal. Here’s a guide to help you select an appropriate name of your Company:
| Do’s | Don’ts |
| Check MCA website (www.mca.gov.in) to locate if your proposed name is already registered by another entity | Use of commonly used words in the name, or names resembling that of existing or struck off companies or LLPs, |
| Check Trademark Registry’s website (https://tmrsearch.ipindia.gov.in/tmrpublicsearch) to locate if any key words in your proposed name are already registered as Trademarks in India. | *use names including words like “Bank”, “Insurance”, “Stock Exchange”, Venture Capital’, ‘Asset Management’,, ‘Mutual Fund’, “National”, “Union”, “Central”, “Board”, “Commission”, “Authority” etc. |
| Use unique coined terms formed by combination of different words | *use names suggesting association with government or foreign countries; or containing the word ‘State’, or containing only name of a Continent, Country, State, or City; |
| Use abbreviations or uncommon acronyms, (supported by an explanation / significance, which needs to be mentioned in the application) | Use names suggesting association with financial activities (financing, leasing, chit fund, investments, securities), when the Company is not carrying out such activities |
| Use words from different languages | Use names including registered trademarks (Owner’s NOC required for use of registered trademark in name) |
| Use descriptive names (i.e., incorporate a word indicating brief objects of the Company in the name. Eg. ‘XYZ Technologies Private Limited’ or ‘ABC Management Consultancy Private Limited’.) | Use names containing words prohibited under the Emblems and Names (Prevention and Improper Use) Act, 1950, or containing words that are offensive to any section of people |
*separate regulatory approvals / government approvals are required for use of said words
Additional Information/Enclosures as supporting documents for reservation of name
- Proposed Main objects of the Company, which encapsulate all the key business activities that the Company proposes to carry out after incorporation.
- Copy of Trademark certificate, if the proposed company is using a registered trademark, along with No Objection Certificate from the owner of the trademark and a KYC document
By following the guidelines outlined above and being mindful of the do’s and don’ts, you can ensure that your Company’s name is unique and compliant with regulatory requirements. Remember to conduct thorough checks on the MCA website and Trademark Registry to avoid any potential conflicts, rejections or resubmission remarks from the MCA. With careful planning and attention to detail, you can choose a name that effectively represents your brand and sets your business up for success.
About the Author
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Link copied to clipboard!https://treelife.in/quick-takes/whats-in-a-name/
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Sanmita Poojari
Senior Associate | Compliance | sanmita.p@treelife.in
A compliance expert with a strong foundation in corporate legal and secretarial practices. Excels in corporate governance, regulatory filings, and advisory services on legal and financial matters, ensuring seamless corporate law compliance for clients.
We Are Problem Solvers. And Take Accountability.
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