Naming a startup company is a real intricate. It involves so many procedures before going for Company Registration. In the Company Incorporation process, choosing an acceptable name as per Companies Act, 2013 is the most important. The name acceptability by the ROC is a hard task. Based on name part, object part and constitution the apt name can be obtained.
The name of a company should be unique, decent and acceptable by the Companies act. The name should not be same or similar to an existing company or trademark in the same field or industry. For example, a company already exists in the name of “ABC Info Private Limited”, then the name “ABC Info LLP” will never be allowed. Also, “ABC Infotech Private limited” will not be allowed as it falls within the same industry with similar naming.
When choosing a company name, it is to be ensured that no other names registered with MCA in the same field or industry as of the proposed name.
Every company, whether it may be a Public, Private, One person Company or LLP, should have an object part which must clearly state the nature of business of the entity. The main activity of an entity is defined only by the object part. Even though the company name is similar to an existing company, still the object of the entity is different, it is quite acceptable. Say for instance, “Agnes Foods Private Limited” is an existing name. When the proposed name of a company is “Agnes Travels Private Limited”, then it is quite acceptable. The vague name without object such as Stan (P) Ltd., Magna (P) Ltd., will be surely rejected by the ROC since the purpose of the company (Object) is unavailable.
Constitution part indicates the type of the entity.
- Public Limited Company is represented by Ltd., Company or Limited Company
- Private Limited Company is represented by Pvt. Ltd. or Private Limited Company
- LLP represents Limited Liability Partnership
- OPC represents One Person Company
The proposed name shall contain a relevant constitution of the entity.
Online checking for the Name availability:
The MCA eased this activity through online to take a perfect and unique name.
- Search MCA Name Availability online in Google, the searcher will find the official site of MCA.
- Enter the proposed name in the place of the company name
- A list will be generated with a list of companies existing with similar name
- If the search says “no records found”, then there are no similar companies of the proposed name that indicate the proposed name is quite eligible for registration
Online checking for the Trademark availability:
- Search “Trademark search India” online in Google, the searcher will find the official site of Trade Marks
- Enter the proposed name in the wordmark space
- Enter the class details in class box and the class details can be accessed by clicking “Class details”, click search button
- The list of trademarks will be shown similar to the proposed name
- If the search says “no records found”, then there are no trademarks similar to the proposed name that indicates the proposed trademark is quite eligible for keeping as the entity’s trademark.
When the proposed name of an entity covers all the above-mentioned procedure, then the selected name is quite eligible to get registered with ROC.