“SIMPLE & CATCHY COMPANY NAME DETERMINES YOUR BUSINESS SUCCESS”
A right name for your startup has significant impact on your success. A wrong name can have negative effect like failure to attract right customers. Many a times it leads to legal and business hurdles too. On the other hand a powerful and clear name is extremely beneficial in branding and marketing of your business and its products/services.
RULE 8A LAYS OUT THE LIST OF UNDESIRABLE NAMES. IT IS AS FOLLOWS:
- A company name should not be prohibited under Emblems and Names (Prevention and Improper Use) Act, 1950, unless prior permission is granted
- A company name should not include any existing trademark that comes under same class of activity of goods or services, unless prior consent has been obtained by the promoter from the trademark owner.
- A Company name should not include any words that are offensive to any class of people
- The proposed company name should not be identical or have near resemblance to any existing LLP.
- The proposed company name should not be identical with the name reserved under rule 9
- If the main business activity is chit fund, investments, financing, securities or their combinations, the proposed company name should include their respective financial activity like loan, investment, security etc. On the other hand your proposed name should not include the above financial activity names if your main business activity does not involve the same.
- Your proposed company name should not be similar to popular or abbreviated name of existing LLP or company.
- Your proposed company name should not be similar to the company or LLP incorporated outside India and such name has been registered with registrar for opening its subsidiary in India. Even rule 8 of name resemblance is considered for name approval.
- Your company name should not include words representing legal persons or business constitution or connotations like HUF, Ffirm, PTE, AG, Inc. etc.
- Your proposed company name should not include words ‘British India’
- Company name should not imply any connection with any foreign embassy or consulate
- Company name should not imply connection with any national hero patronage or important persons who were in the Government positions.
- Company name should not resemble any dissolved company which is within 2 years of the dissolution of the company. If a company name is struck off from the register then the same name cannot be up to twenty years
- LLP name which is struck off from the register cannot be applied for the same name until five years
- If your proposed company name has words like Bank, Stock Exchange, Asset Management, Nidhi, Mutual fund etc., you need to get prior approval from respective regulations authority like IRDA, SEBI,MCA, RBI etc and their requirements have to be complied with
- The proposed company name should not include the word State, Continent, Country, place etc in its name
- Your company name should not be merely commonly used words to describe an activity
- Do not use names of foreign city, foreign country etc. provided the applicant is able to produce proof of business relations with them.
- In case of Sec 8 companies the proposed name should include words like Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust etc.
- A Nidhi company should include words “Nidhi Limited” in its name.
- You can apply for the name of company which has been removed from the Register after 3 years from such removal, provided no special direction is issued by competent authority for the same.
RULE 8B LAYS OUT THE – WORD OR EXPRESSION TO BE USED WITH PRIOR GOVERNMENT APPROVAL.
“COMPANY NAME SELECTION – A CRUCIAL BUSINESS DECISION”
The following is a brief summary of Rule 8B- list of words / expressions that can be used in your company name with prior approval from 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;
- Using of word ‘ Scheme’ with Government name like State, India, Bharat or any Government authority or any similarity with schemes of Central, State or local Government , authority or Bureau.” .
RULE 8 OF COMPANIES ACT, 2013 – AVOID COMPANY NAME THAT HAS TOO NEAR RESEMBLENCE TO EXISTING COMPANY
#1. USING PLURAL AND SINGULAR WORDS IN NAMES
Using plural and singular words in names & using of words like Private, Pvt, Pvt., (P), OPC Pvt. Ltd., , Productions Limited, Limited, Unlimited, Ltd, Ltd., LLP, Limited Liability Partnership, company, and company, & co, & co., co., co, corporation, corp, corpn, or group
1. White Delight Technology Pvt. Ltd. , White Delights Technology Private Ltd., Whites Delight Technologies PVT Limited. —-ARE SAME
2. DT Tech solutions Pvt Ltd. And DTS Tech solutions Pvt. Ltd. —ARE NOT SAME
#2. USING CAPITAL LETTERS AND SMALL LETTER , SPACING BETWEEN LETTERS, SPECIAL CHARACTERS AND PUNCTUATIONS
1. DTS Tech Pvt. Ltd, D.T.S. Tech Pvt. Ltd, D T S Tech Pvt. Ltd —- ARE SAME
2. Four Tree Ltd, Four-tree Ltd, Four@tree Ltd——–ARE SAME
#3. USING DIFFERENT TENSES OF VERBS OR ACTION WORDS IN NAMES
1. Delight Computers Ltd., Delighted Computers Ltd—- ARE SAME
2. Talk Media Pvt. Ltd, Talking Media Pvt. Ltd. Talked Media Pvt. Ltd. —- ARE SAME
#4. WORDS THAT SOUND SAME BUT HAVE DIFFERENT SPELLINGS INCLUDING MISSPELLED EXPRESSIONS OR WORDS
1. Techchem solutions ltd, Teckem Solutions Ltd, Kemtech ltd, Cemtec Ltd ——-ARE SAME
2. PD Ltd., Pea Dee Ltd,P Dee Ltd.,——–ARE SAME
#5. USING WEB HOST NAMES like org, www, net, org, com, dot
1.Filing Point Ltd, Filing Point .com Ltd —–ARE SAME
2. Filing Point consultancy Ltd, Point Consultancy .com Ltd.—–ARE NOT SAME
#6. ORDER OF WORDS IN COMPANY NAME
1. APC Designer and Decorators Ltd , APC Decorators and Designers Ltd—-ARE SAME
2. Lakshmi travels Ltd , Bhagya Lakshmi Travels Ltd —ARE NOT SAME
#7.USING DEFINITE AND INDEFINITE ARTICLES
1. Happy Travels Ltd, The Happy Travels Ltd, A Happy Travels Ltd—-ARE SAME
2.Deepa Technologies Limited, Pradeepa Technologies Limited—-ARE NOT SAME
#8. SLIGHT CHANGE IN SPELLING AND GRAMMAR
1. Cool services pvt Ltd., Kool services pvt Ltd—-ARE SAME
2. Beat Consultancy Ltd., Upbeat Consultancy Ltd.——ARE NOT SAME
#9. TRANSLATION OR TRANSLITERATION OF EXISTING NAMES IN HINDI OR ENGLISH
1. Rashtriya Electricity Corporation Ltd., National Vidyut Nigam Ltd.—ARE SAME
2. Amazon Construction Ltd., Amazon Nirman Ltd—-ARE NOT SAME
#10.ADDING NAME OF A PLACE
1.Lakshmi Tech Ltd, Lakshmi Tech Delhi Ltd, Lakshmi Delhi Tech Ltd—-ARE SAME
2. Lakshmi Tech Delhi Ltd, Lakshmi Tech Chennai Ltd—ARE NOT SAME
#11.MODIFICATION OF EXISTING COMPANY NAMES WITH NUMBERS OR EXPRESSIONS. UNLESS THE NUMBER DENOTES A BRAND
1.Top Consultants Ltd., Top3 Consultants Ltd , 3 Top Consultants Ltd.—–ARE SAME
2. Nine 7 tools Ltd., Nine tools Ltd.———ARE NOT SAME(If Nine 7 denotes a brand)
On the outset every company needs a name and it is the most important decision you make. Your business name creates a tremendous impact on your investors and customers view on you. The company name you choose speaks volumes about your business savvy and understanding of business world.
Some key things to consider when choosing a name are given below:
- Business name or Company name should be Unique and Impressive
- It should be easy to pronounce and unforgettable
- Keep your company name simple
- Your company name should make some sense.
- Give a clue about the your business in the name
- Don’t box yourself in by restricting the business nature with the company name.
You can check company or LLP name availability or trademark search through http://checkcompanyname.com/
We understand you still have queries and need clarifications for selecting the right company name for your business.
Filing Point is top business registration specialists in Chennai. We are one stop solution business services provider. In case you are unsure of choosing the right company name for your business, you could mail your choice of names to to email@example.com. We shall check availability of your proposed name with MCA. We are always happy to answer your queries anytime. Get in touch with us today.