How to Check Company Name Availability in India

What is the name of the Company?

A company's name serves as its distinct identifier, setting it apart from other businesses. This name appears on official documents, marketing materials, and legal papers. An ideal company name is easy to remember, relevant to the business, and free from potential legal conflicts. It's a pivotal component of your brand's image and can significantly influence its success.

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What is Company Registration?

Company registration involves legally establishing a business entity as separate from its owners. This process includes getting a certificate of incorporation from the Registrar of Companies under the MCA (Ministry of Corporate Affairs). This certificate validates the company's existence and identity.

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Significance of Verifying Company Name Availability

Prevent conflicts and breaches of corporate regulations: Opting for a company name that is already claimed by another entity could lead to legal action for trademark violation. It's crucial to ensure that your chosen company name doesn't contravene any other statutes, such as those found in the Companies Act.

Steering clear of trademark complications: If your company's name or logo closely resembles an existing one, you might face legal repercussions for trademark infringement. This holds true even if the other company operates in a different sector. Before finalizing a company name, conducting a thorough trademark search is essential to confirm its uniqueness and prevent infringement on another company's rights.

Lower the risk of domain hoarding: Domain hoarding occurs when an individual registers a domain name that resembles a renowned brand or company name, intending to sell it at a later point for a higher value. By verifying the availability of your chosen company name, you can ensure the opportunity to secure the domain name for your own enterprise and sidestep the need to pay inflated prices to a domain hoarder.

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Guidelines for choosing your Company Name

Similarity or Identity:
You should choose a name that is not similar or identical to any existing names, either in spelling or pronunciation. This could be considered an offense and lead to legal issues. Your name should include a noun and a verb that describe your business activity. You can use the company name search procedure to avoid such errors.

Trademark:
You should also do a Trademark search to make sure that your chosen name does not already exist. This will prevent any duplication and confusion.

Relevant Name:
Your name should follow these do’s and don’ts:

Do’s:

• Your name should convey a clear idea of your company.
• Your name should be unique and distinctive to avoid any conflict or offense.
• If you are a PVT LTD, you should add this suffix at the end of your name.

Don’ts:

• Your name should not be offensive or derogatory.
• You cannot use the plural form of an existing name as your name.
• You cannot combine or split different names to make a similar name.
• You cannot change the tense or number of a word to make a different name.

Domain name:
You should also secure a different domain name for your company so that you can avoid domain squatting. Domain squatting is when someone buys common domains and sells them later at a higher price.

Regulatory Considerations for Name Selection:
Some words in your name may require regulatory approvals from RBI, SEBI, IRDAI, etc. These words include insurance, bank, stock exchange, venture capital, asset management, mutual fund, etc.

Authorized capital:
Some words in your name may also require a minimum authorized capital of ₹ 5 lakhs and above. These words include International, Globe, Continental, Asiatic, Udyog, Asia, Industries, India, Hindustan, Bharat, enterprises, products, business, etc.

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How to check company name availability in India?

All Indian-registered companies are included in a database on the Ministry of Corporate Affairs (MCA) Company Search page. To determine if your desired name is available, search this database by company name, CIN, or PAN. The MCA provides a user-friendly portal where people can verify whether company names are available. This is how you do it:

Company Name Check Process:

• Step 1: Go to www.mca.gov.in, the MCA website.
• Step 2: Select ‘Check Company Name’ from the drop-down menu under the ‘MCA Services’ option.
• Step 3: Type the desired name into the search box and press the “Search” button.

If the name is accessible, it will be indicated in the search results on the portal.

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