Selecting
and applying the name for the company is the first most steps in the formation
of any company irrespective of its class, type, capital or nature of the
operation. It is the most crucial step for the company to choose its name.
Quick
checklist for points one must keep in mind while selecting the name for its
company:
ü
It
should be easy and understandable
ü
Eye-catchy
and attracts the customer
ü
The
name shall convey the activities of the business
ü
It must not
resemble any other name already registered
ü
The name should
not be undesirable, or violets Emblems Act 1950.
This article
is useful for those who are all set up to form the new company and needs
guidance to Register
a Company Name.
Why Register the Company Name?
If the company registers its name, it complies with the first
most priority of the law along with the reason for protecting itself. No one is
allowed to use the name you have registered. The applicant can register its
name through
·
Getting it
registered through MCA by applying on
web service RUN
·
Getting the
logo of the company’s name registered as a Trademark
MCA governs allotment and approval of Company's Name in India
as per the guidelines on Company
Name Registration Availability issued by Companies Act 2013. As per
these guidelines:
·
The name
shall be unique
·
The name
shall reflect the objects of the company
·
Confirm
other guidelines of Company names guidelines issued by MCA
Procedure for Name Registration on MCA
Following are the steps to get the name of the company
registered on the web portal of MCA:
·
Visit the
website of the official website of MCA http://www.mca.gov.in/
for applying the name.
·
Before the
name application, the applicant shall check the name availability through MCA
under the MCA services dropdown.
·
Select the
"Check Company Name" option on the drop-down menu and enter the
proposed name of the company an applicant's willingness to apply the same.
·
One shall
also check the name under trademark search, if any trademark is registered with
the same name, ROC can reject the application with such name
·
Fill up to
two names an applicant willing to apply
·
In case the
company wants to apply the name for its associate company with the name similar
to its existing name, it shall attach board resolution authorising such company
to use the name and suffix.
·
Submit the
form by paying a fee of INR 1000 online.
·
On approval
of the name, ROC issues the Name Approval Letter which remains valid for 20
days.
·
In case the
name is not approved, ROC gives the chance to resubmit the name with the reason
for not accepting the name is sent to an applicant on its mail id.
Restriction on Name Selection
Following are the restrictions on name selection by a Company
Registration:
·
The name
should not be same or too identical with the name of an already registered
company
·
It shall not
be offensive
·
It shall not
be undesired in the opinion of Central Government
Certain guidelines to be considered while comparing whether
the two names are deemed to be identical or similar:
·
Words used
in company name such as private limited, limited, OPC Private limited, IFSC
private limited, LLP, etc., shall not be considered while comparing the names
·
A plural or
singular form shall be not considered while comparing the names. For instance: reliance
technology is deemed to be similar to reliance technologies.
·
Space
between the letters, punctuation mark, and use of special character doesn’t
make any difference. For Instance: AKP Techno Vision is similar to A.K.P.
Technovision.
·
The use of
domain extension or hostname doesn't make it different from the already
registered name. For Example, IT Technocrat will be considered as too similar
to IT Technocrat.com
Prior Approval of Government
In case the company wants to use several words mentioned
herein below, shall obtain prior approval of the Central Government for using
the same. Words such as federal, republic, municipal, governor, bureau,
commission, authority, etc. are not permitted to use as a company name unless
approved by Central Government.
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