Company Name approval and allotment process in India is administered by the Ministry of Corporate Affairs (MCA) as per the Company Name Availability Guidelines issued under Companies Act 2013.
As per the Company Name Availability Guidelines;
The name of a Company should
- Be unique
- Contain a noun and an activity word that reflects its objectives
- Be in line with Company Name Guidelines issued by Ministry of Corporate Affairs.
The name of the Company should not
- Be same, similar, identical or resembling to the name of an existing Company or LLP registered. Phonetically similar names also to be avoided.
- Be similar of a registered trade mark or a trade mark for which an application has already been filed
- Be Offensive
- Be Undesirable in the opinion of the Central Government (Undesirability of names explained separately
Ministry of Corporate affairs has revised the Company Name Availability Guidelines vide Companies (Incorporation) Fifth Amendment Rules, 2019 dated 10th May 2019.
Guidelines to determine Similar names or Resembling Names
A company name applied for shall be deemed to resemble too nearly with the name of an existing company, if, and only if, after comparing the name applied for with the name of an existing company by disregarding certain matters as described below, the names are same.
The following matters are to be disregarded while comparing the names:
(a) The words like Private, Pvt., Pvt., (P), OPC Pvt. Ltd., IFSC Limited, IFSC Pvt. Limited, Producer Limited, Limited, Unlimited, Ltd, Ltd,, LLP, Limited, Liability Partnership, company, and company, &Co, &Co., co., co, corporation, corp, corpn, corp or group;
(b) The plural or singular form of words in one or both names;
(c) Type and case of letters, spacing between letters, punctuation marks and special characters used in one or both names;
(d) Use of different tenses in one or both names;
(e) Use of different phonetic spellings including use of misspelled words of an expression;
(f) Use of host name such as `www’ or a domain extension such as ‘net’, `org’, ‘dot’ or ‘corn’ in one or both names;
(g) The order of words in the names;
(h) Use of the definite or indefinite article in one or both names;
(i) A slight variation in the spelling of the two names including a grammatical variation thereof;
(j) Complete translation or transliteration and not part thereof of and part thereof of an existing name, in Hindi or in English
(k) Addition of the name of a place to an existing name, which does not contain the name of any place;
(l) Addition, deletion, or modification of numerals or expressions denoting numerals in an existing name, unless the numeral represents any brand;
Provided that clauses (f) to (h) and clauses (k) and (l) shall not be disregarded while comparing the names, if a no objection by way of a Board resolution has been provided by an existing company.
Words requiring previous Approval from Central Government
The following words or expression can be used only after obtaining previous Approval of Central Government.
Following words and combinations thereof shall not be used in the Name of a company in English or any of the languages depicting the same meaning unless the previous approval of the Central Government has been obtained for the use of any such word or expression:
- Board;
- Commission;
- Authority;
- Undertaking
- National;
- Union;
- Central;
- Federal;
- Republic;
- President;
- Rashtrapati;
- Small Scale Industries;
- Khadi and Village Industries Corporation;
- Financial Corporation and the like;
- Municipal;
- Panchayat;
- Development Authority;
- Prime Minister or Chief Minister;
- Minister;
- Nation;
- Forest corporation;
- Development Scheme;
- Statute or Statutory;
- Court or Judiciary;
- Governor;
- the use of word Scheme with the name of Government (s), State, India, Bharat or any Government authority or in any manner resembling with the schemes launched by Central, State or local Governments and authorities; and
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This information is in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Mind Sync does not accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any information provided herein. On any specific matter, reference should be made to the appropriate advisor.