ALL FAQs On Name Reservation on Company Registration

Naming your business is a big deal for any startup or company. In India, there are rules set by the Companies Act 2013 that control how you can pick a name. The Central Registration Centre (CRC) handles the approval of names, which usually takes a day or two, but sometimes longer.

What You Need to Know Before Choosing a Name:

Before you pick a name, you have to check a few things:

Existing Company Names: Your name has to be unique. If there’s already a company with a similar name, you can’t use it.

Struck-off Companies: Even if a company isn’t active anymore, you can’t use its name until 20 years after it stopped operating.

Trademarked Names: If a name is trademarked, you need permission from the owner to use it.

Brand Name Rules: The first name you choose for your company automatically becomes its brand name. If another company already has that name, you might not be allowed to use it unless you make it really different.

FAQ:-

What are the key regulations governing company naming in India?

Company naming in India is governed primarily by the Ministry of Corporate Affairs (MCA) under the Companies Act and related rules.

2. Can I use abbreviations like Pvt. Ltd. or LLP in my company name?

No, abbreviations like Pvt. Ltd. or LLP are disregarded while comparing names. For example, “ABC Pvt. Ltd.” is considered the same as “ABC Limited.”

3. Are there restrictions on using different tenses in company names?

Yes, different tenses in names are disregarded. For instance, “Rising Stars Ltd.” is the same as “Risen Stars Ltd.”

4. Can I use numerals or symbols in my company name?

Yes, numerals or symbols can be used, but they are disregarded while comparing names. For example, “Tech Solutions 123 Ltd.” is the same as “Tech Solutions One Two Three Ltd.”

5. Is the use of different spellings allowed in company names?

Yes, variations in spelling are disregarded. For instance, “Color Technologies Ltd.” is the same as “Colour Technologies Ltd.”

6. Can I include a domain extension like “.com” in my company name?

No, domain extensions are disregarded. For example, “Innovative Solutions.com Ltd.” is considered the same as “Innovative Solutions Ltd.”

7. Are there restrictions on using names of places in company names?

Yes, if the proposed name includes a place name, it’s considered the same as the name without the place. For example, “Global Solutions Delhi Ltd.” is the same as “Global Solutions Ltd.”

8. What if my proposed name contains misspelled words?

Misspelled words, intentional or not, don’t conflict with properly spelled words. For example, “Fruitz Ltd.” is considered the same as “Fruits Ltd.”

9. Can I use the word “State” in my company’s name?

No, unless the company is a government entity, the word “State” is not allowed in the name.

10. Are there restrictions on using names of foreign countries or cities?

Yes, unless there’s a significant business relationship, using names of foreign countries or cities may not be allowed.

11. Can I use descriptive names for my company?

Descriptive names may not be allowed unless accompanied by distinctive elements.

12. What are some undesirable elements in company names?

Undesirable elements include offensive words, names too similar to existing ones, or those implying association with specific businesses or individuals.

13. How long do names released due to a change remain unavailable for use?

Names released due to a company name change remain unavailable for three years from the date of change, unless specific directions are received.

14. Can I use certain words only after obtaining previous approval from the Central Government?

Yes, certain words like “Board” or “Authority” require prior approval from the Central Government.

15. What if my proposed name includes a trademarked term?

If the proposed name includes a registered trademark, consent from the trademark owner is required.

16. Can I use the names of national heroes or important personalities in my company name?

No, unless authorized, using names of national heroes or important personalities is not allowed.

17. Can I use the word “Foundation” in the name of a section 8 company?

Yes, section 8 companies can include words like “Foundation” in their names.

18. What if my proposed name includes offensive words?

Names containing offensive words are considered undesirable and may not be approved.

19. Can I use the word “India” in my company name?

Yes, but it should not imply association with a government authority without proper authorization.

20. Is the use of certain expressions like “Financial Corporation” restricted?

Yes, expressions like “Financial Corporation” are restricted unless specific requirements are met.

21. Can I use abbreviations like “Inc.” or “GmbH” in my company name?

No, unless approved by the Central Government, such abbreviations are not allowed.

22. Are there any restrictions on using the word “Scheme” in company names?

Yes, using the word “Scheme” with certain terms like “Government” may require prior approval.

23. Can I include the name of a continent or country in my company name?

Yes, but it should not imply association with a government authority without proper authorization.

24. What if my proposed name includes the word “Bank” or “Insurance”?

Names implying financial activities like “Bank” or “Insurance” may require compliance with regulatory requirements.

25. Are there specific rules for naming Nidhi companies?

Yes, Nidhi companies must include the last word “Nidhi Limited” as part of their name.

26. Can I use the word “Union” in my company name?

No, unless approved by the Central Government, such terms are not allowed.

27. Are there any restrictions on using the word “Nation” in company names?

Yes, unless authorized, using terms like “Nation” may not be allowed.

28. Can I use the name of a dissolved company in my company name?

Using the name of a dissolved company may not be allowed until a specified period has elapsed.

29. Are there any restrictions on using specific words in company names?

Yes, certain words like “Prime Minister” or “Governor” may require prior approval.

30. Can I use the word “State” in my company’s name if it’s not a government entity?

No, using the word “State” in a company name may imply government association and may not be allowed.

31. Are there restrictions on using the name of a foreign city in a company name?

Yes, unless significant business relations exist, using a foreign city’s name may not be allowed.

32. Can I use the word “Federation” in my company’s name?

Yes, certain terms like “Federation” can be used, but they may require prior approval.

33. What if my proposed name includes the word “National”?

Using terms like “National” may require compliance with specific regulations and may need prior approval.

34. Can I use the name of a dissolved LLP in my company name?

Using the name of a dissolved LLP may not be allowed until a specified period has elapsed.

35. Are there any restrictions on using the word “Commission” in company names?

Yes, unless approved, terms like “Commission” may not be allowed in company names.

36. Can I use the name of a foreign country in my company name?

Yes, but it may require demonstrating significant business relations with that country.

38. Can I use the word “Development Authority” in my company name?

Yes, but it may require prior approval from the Central Government.

39. Are there any restrictions on using the word “President” in company names?

Yes, using terms like “President” may require compliance with specific regulations and may need prior approval.

40. Can I use the name of an embassy or consulate in my company name?

No, unless authorized, using the name of an embassy or consulate may not be allowed.

41. What if my proposed name implies connection with a national hero or esteemed personality?

Unless authorized, implying association with national heroes or esteemed personalities may not be allowed.

42. Can I use the name of a dissolved company if a specific period has elapsed?

Yes, after a specified period has elapsed, the name of a dissolved company may become available for use.

43. Are there any restrictions on using the word “Forest Corporation” in company names?

Yes, terms like “Forest Corporation” may require prior approval and compliance with specific regulations.

44. Can I include the word “Bureau” in my company name?

Yes, but it may require prior approval from the Central Government.

45. Are there any restrictions on using the word “Small Scale Industries” in company names?

Yes, using terms like “Small Scale Industries” may require prior approval and compliance with specific regulations.

46. Can I use the word “Union” in my company’s name if it’s not associated with a government entity?

No, using terms like “Union” may imply government association and may not be allowed unless authorized.

47. What if my proposed name includes a trademarked term in a different class of goods or services?

Consent from the trademark owner may still be required, even if the term is in a different class of goods or services.

48. Can I use the name of a dissolved LLP if a specific period has elapsed?

Yes, after a specified period has elapsed, the name of a dissolved LLP may become available for use.

49. Are there any restrictions on using the word “Governor” in company names?

Yes, unless authorized, using terms like “Governor” may not be allowed in company names.

50. Can I use the word “Minister” in my company’s name?

Yes, but it may require prior approval from the Central Government and compliance with specific regulations.

51. What if my proposed name contains a word that is offensive to a particular section of people?

Names containing offensive words are considered undesirable and may not be approved by the authorities.

52. Can I use the word “Municipal” in my company’s name?

Yes, but it may require prior approval from the Central Government and compliance with specific regulations.

53. Are there any restrictions on using the word “Scheme” in company names?

Yes, using the word “Scheme” may require prior approval and compliance with specific regulations, especially if associated with government schemes.

54. Can I use the word “Development Scheme” in my company’s name?

Yes, but it may require prior approval from the Central Government and compliance with specific regulations.

55. What if my proposed name is identical to a dissolved company struck off under specific sections of the Companies Act?

Such names may not be allowed until a specified period has elapsed from the date of publication in the Official Gazette.

56. Can I use the word “Undertaking” in my company’s name?

Yes, but it may require prior approval from the Central Government and compliance with specific regulations.

Few Point more point:-

1. Resemblance of Names:
   1. Not Allowed: Proposed Name: Green Technology Ltd.
   1. Existing Name: Green Technologies Ltd.
   1. Explanation: Both names are too similar and won’t be allowed.
2. Plural or Singular Form:
   1. Allowed: Proposed Name: Pratap Technology Ltd.
   1. Existing Name: Prataps Technology Ltd.
   1. Explanation: Plural form “Prataps” is allowed.
3. Type and Case of Letters, Spacing, Punctuation:
   1. Allowed: Proposed Name: ABC Ltd.
   1. Existing Name: A.B.C. Ltd.
   1. Explanation: Differences in type, case, spacing, and punctuation are allowed.
4. Different Tenses:
   1. Allowed: Proposed Name: Ascend Solutions Ltd.
   1. Existing Name: Ascended Solutions Ltd.
   1. Explanation: Different tenses are allowed.
5. Phonetic Spellings:
   1. Not Allowed: Proposed Name: Chemtec Ltd.
   1. Existing Name: Chemtech Ltd.
   1. Explanation: Phonetic similarity makes it not allowed.
6. Use of Host Name or Domain Extension:
   1. Allowed: Proposed Name: Ultra Solutions Ltd.
   1. Existing Name: Ultrasolutions.com Ltd.
   1. Explanation: Domain extension is allowed.
7. Order of Words:
   1. Allowed: Proposed Name: Ravi Contractors and Builders Ltd.
   1. Existing Name: Ravi Builders and Contractors Ltd.
   1. Explanation: Order of words is allowed.
8. Use of Definite or Indefinite Article:
   1. Allowed: Proposed Name: A Congenial Tours Ltd.
   1. Existing Name: Congenial Tours Ltd.
   1. Explanation: Use of article is allowed.
9. Variation in Spelling:
   1. Allowed: Proposed Name: Colour Technologies Ltd.
   1. Existing Name: Color Technologies Ltd.
   1. Explanation: Slight spelling variation is allowed.
10. Complete Translation or Transliteration:
    1. Allowed: Proposed Name: Rashtriya Vidyut Nigam Ltd.
    1. Existing Name: National Electricity Corporation Ltd.
    1. Explanation: Complete translation is allowed if not too similar.