The Ministry of Business maintains a database of companies registered in the country. In this blog, we will discuss in detail how to verify a company name in India. People often confuse brand names with brand names.
For example, Paytm is a brand name rather than the legal name of the company, One97 Communications Limited. Brand names must be unique in India and must not conflict with other brand names. In today’s competitive market, the name Business List evokes positive associations. Choosing a company name search is therefore an important step in the incorporation process. Here comes the question of how to choose a brand name when forming a limited liability company.
Why is it Important to Choose a Name for Your Business?
An Indian company name serves as an identification of the company and as a term by which customers and employees refer to the company. Choosing a brand name is more accessible than choosing a market opportunity. As a result, many people started their businesses without finding the right name first.
With so many competing companies and brand names, losing customers who don’t understand what your product does can make it harder for them to find you.It can damage the reputation of your product or the company itself. So here is a guide on how brand names are determined in India.
Checking the Entity’s Name: A Guide for Beginners
- The Registrar of Companies (RoC) publishes guidelines applicable to all Indian companies. However, some of these guidelines are subjective. In other words, approving or rejecting an application depends on the judgment of the person handling the application.
- Applicants must comply with all applicable rules and regulations for selecting brand names.
- The name chosen for the company must not be identical or confusingly similar to the name of any other existing company.
- The use of articles (a, an, and the) is ignored when naming a single person or thing. Applicants must refrain from using phonetic terms in their application.
- Applicants must refrain from offensive language.
- Applicants must also conduct a trademark search.
- An applicant may register a name if it meets all of the above requirements.
- A company whose name includes terms such as insurance, banking, stock exchange, wealth management and open-ended funds must obtain regulatory approval from his IRDA, SEBI, RBI and other authorities before listing.
- Companies with names such as International, Globe, India, Asia, etc. must have a minimum authorized capital of at least INR 5 lakhs.
- Applicants must then verify the availability of the brand name to avoid rejection by the Ministry of Enterprises.
Checking the Availability of the Brand Name
The first step is to visit the Department of Business Affairs website and click on the Check Brand Names tab. The process of verifying an individual’s identity is relatively straightforward. The second step is to enter the name of the company you want to incorporate (you can add multiple names). Do not use suffixes such as LLP or Pvt. Ltd. in this column. The next step is to enter the commercial activity details. Consider the following example.
If you provide clothing, you must include clothing in your activity type.
Clicking Search will show all results with a name similar to what you are looking for when searching for brand name availability. If the name is not accessible, you will receive an error message stating “The company/LLP name entered does not exist”.
Search for a Trademark
As shown in the image above, you should check if a registered trademark protects your proposed name. After selecting TRADEMARK VERIFY in the Confirm Trademark Online dialog box, you will be redirected to the IP India Portal. Once you arrive, click the “Search Brands” button. This allows you to enter your company name and class of products and services to search for existing brands similar to your brand name.
Also, don’t forget to look for brands that include “Phonetic”. As a result, brands similar to the suggested brand name will tell you useful information.
The Utilization of a Given Name
If you think the name is accessible, you can apply to Corporate Affairs. If the name is very distinctive, it may be used directly in the form of company formation. Additionally, you can submit a request for a second name if the suggested name is unlikely to be available.
You can submit up to 2 characters for verification in this name application. If the Ministry of Internal Affairs does not accept either of her two proposed names, the applicant will be given another opportunity to use another of her two names.
Certain Unsuitable Terms As Per the Central Government
Following is a list of terms that the Central Government forbids unless prior authorization is provided for the use of such words.
- The Emblems and Names (Prevention of Improper Use) Act 1950 prohibits the use of certain terms prohibited by this Act.
- Use of trademarks registered under the Trade Marks Act 1950 is prohibited.
- Some terms are considered offensive by different groups of people.
- Use of the phrase “British India”.
- There are no terms that indicate your company’s relationship with federal or state governments.
- Any word will do to indicate that your company has a relationship with an embassy or foreign government. A term used to describe a relationship with a national hero or a respected person. For example, the name “Mahatama Gandhi Enterprises” cannot be used as a company name.
- Only government agencies have the right to use the word “state” in their names.
- A state, city, country, or continent cannot be used as the sole name of an organization. B. Mizoram Pvt. GmbH. Or a company in New York.
- It is forbidden to refer to enemy states by their official names (the list of central governments).
What Does the Law Say?
The Emblems and Names (Prevention of Improper Use) Act 1950 prohibits the use of certain terms prohibited by this Act.
Use of trademarks registered under the Trade Marks Act 1950 is prohibited.
Some terms are considered offensive by different groups of people.
Use of the phrase “British India”.
There are no terms that indicate your company’s relationship with federal or state governments.
Any word will do to indicate that your company has a relationship with an embassy or foreign government. A term used to describe a relationship with a national hero or a respected person. For example, the name “Mahatama Gandhi Enterprises” cannot be used as a company name.
Only government agencies have the right to use the word “state” in their names.
A state, city, country, or continent cannot be used as the sole name of an organization. B. Mizoram Pvt. GmbH. Or a company in New York.
It is forbidden to refer to enemy states by their official names (the list of central governments).
Checking the Availability of a Brand Name
The MCA site offers many search options for searching for words or phrases within suggested names. It also provides detailed data to ensure there is no similarity to names already registered.
The results can then be evaluated before making a final decision on which name to submit to the appropriate authority.
One of the most important phases in an enterprise implementation is determining if a particular name is available in advance. After the above process, you can quickly determine your organization name.
However, the final decision to accept or reject the proposed name rests with the Corporate Affairs Department. Instead of struggling to come up with your own terms, you can combine two common words to create your own.
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