How to Check Company Name Availability

  • December 08, 2022
  • Dushyant Sharma
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The name of the Company is one of the most essential and foremost steps taken before incorporating a Company. Before the Company is incorporated, the proposed name of the Company must be checked for availability. If the name is not limited, then it is liable to be rejected by the Examiner in the application assessment procedure. This article will discuss some of the defining features of the Company Name Reservation procedure.

 

How does one reserve a Company's Trade Name with MCA?

How to Check Company Name? There are specific criteria to meet for Company Name availability in India. A chosen name coming from you doesn't necessarily mean that it had not been chosen by some other party. Only if your intellectual property has been secured with the copyright or trademark registration can you claim to be the sole owner of the chosen trade name.

Likewise, a company name must be first chosen in a manner that reflects the true nature of the proposed business or its undertaken commercial activities.

Thereafter, the chosen name must be checked for similarity with existing company and logo names. The company registration applicant can avail of a Company Name search of any of the reputed Legal Consulting Firms in the country.

If your chosen name has a distinctive identity, then you can reserve the title on the website of the Ministry of Corporate Affairs. The RUN application is dedicated explicitly to company name registration at the official MCA website. Let us now discuss some of the features of the Company's trade name.

 

Features of Trade Name of a Company

How to check Company Name availability? Before checking its availability, the Company's trade name must be chosen per the required industry standards. For this purpose, we have defined some of the key features of a good company name. Let us look at them one by one.

 

Company Name must have a Distinctive Identity

The proposed name must not be identical or similar to an existing Company name. The proposed Company name must be unique. The following can not be considered unique and distinctive if the following amendments have been made to a registered company name:

·         Change in Spelling

·         Change in Tense

·         Change in Spacing

·         Addition of a character to a pre-existing name

·         Subtraction of characters to a pre-existing name

 

Company Name must not infringe a registered Trademark

The proposed Company name must not infringe the trademark registered for a different Company name or an application for trademark registration.

 

Corporate Nomenclature of the Company Trade Name

The proposed name for the Company must not include a particular type of constitution, such as the following:

·         Co-operatives

·         Trust Registration

·         Partnership

·         LLP

·         Company Registration

 

Special Permission for Naming of a Financial Institution

Names like Insurance, Bank, Mutual Fund, etc., or any kind of financial management need approval from regulatory bodies such as RBI, SBI, etc.

 

Company Name must not imply any connection with Foreign Establishments

The Company's proposed name must not imply an association with a foreign government or organization. This is against the fundamental regulations of the Company Registration Act.

 

Capital Requirement for Specific Phrasal Registration

The proposed names can include the following words or phrases, depending on whether the authorized capital is Rs. 5 lakhs or above:

·         International

·         Bharat

·         India

·         Hindustan

·         Globe, etc.

 

Once the above requirements are fulfilled, a company name can be proposed. The Ministry of Corporate Affairs database has all the information pertaining to registered Companies. Company Name availability can be checked and searched on the Ministry of Corporate Affairs portal using the search index provided. For more information on the company incorporation procedure, such as how to check Company status, connect with the Incorporation experts at Registrationwala.


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Dushyant Sharma
Author: Dushyant Sharma

Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.

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