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    Published Fri, 28 Feb 2020 | Updated Tue, 16 Mar 2021

    In terms of the provisions of Section 4 of the Companies Act, 2013 read with the Companies (incorporation) Rules, 2014 (as amended from time to time), the applicant shall consider the following guidelines while choosing a name for its company:
     

    1. The name of the company shall end with the last word "Limited" in the case of a public limited company, or the last words "Private Limited" in the case of a Private Limited Company.        
    2. The name stated in the memorandum shall not—
      1. Be identical with or resemble too nearly to the name of an existing company registered under the Companies Act, 2013 or any previous company law; or
      2. Be such that its use by the company—
        1. will constitute an offense under any law for the time being in force; or
        2. is undesirable in the opinion of the Central Government.
    3. A company shall not be registered with a name that contains any word or expression which is likely to give the impression that the company is in any way connected with or having the patronage of, the Central Government, any State Government, or any local authority, corporation or body constituted by the Central Government or any State Government under any law for the time being in force unless the previous approval of Central Government has been obtained for the use of any such word or expression.    
    4. A 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 the matters set out in S.No. 5, the names are the same.  
    5. The following matters are to be disregarded while comparing the names as per S.No. 4:-  
      1.  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
        For Example: (i)   ABC Private Limited is same as ABC Pvt. Limited and ABC (P) Limited                                   
                               (ii)   XYZ Limited is same as XYZ Ltd and XYZ Ltd.     
      2. the plural or singular form of words in one or both names
        For Example: (i)   Green Technology Ltd. is same as Greens Technology Ltd. and Greens Technologies Ltd.
                               (ii)   Pratap Technology Ltd. is same as Prataps Technology Ltd. and Prataps Technologies Ltd.                                                               (iii)  SM Computers Ltd. is not same as SMS Computers Ltd.
      3. type and case of letters, spacing between letters, punctuation marks and special characters used in one or both names
        For Example: (i)    ABC Ltd. is same as A.B.C. Ltd. and A B C Ltd.
                               (ii)   TeamWork Ltd. is same as Team@Work Ltd. and Team-Work Ltd.
      4. use of different tenses in one or both names;
        For Example: (i)  Ascend Solutions Ltd. is same as Ascended Solutions Ltd. and Ascending Solutions Ltd.                                                                     (ii) Speak English Solutions Limited is same as Spoken English Solutions Limited
      5. use of different phonetic spellings including use of misspelled words of an expression
        For Example: (i) Chemtech Ltd. is same as Chemtec Ltd., Chemtek Ltd., Cemtech Ltd., Cemtek Ltd., Kemtech Ltd., and Kemtek Ltd.                         (ii) Bee Kay Ltd is same as BK Ltd, Be Kay Ltd., B Kay Ltd., Bee K Ltd., B.K. Ltd. and Beee Kay Ltd.
      6. use of host name such as ‘www’ or a domain extension such as ‘net’, ‘org’, ‘dot’ or ‘com’ in one or both names
        For Example: (i)   Ultra Solutions Ltd. is same as Ultrasolutions.com Ltd.
                              (ii)  Supreme Ultra Solutions Ltd. is not the same as Ultrasolutions.com Ltd.
      7. the order of words in the names
        For Example: (i)   Ravi Builders and Contractors Ltd. is same as Ravi Contractors and Builders Ltd.
                               (ii)  Ravi Builders and Contractors Limited is not the same as Ravi Shankar Builders and Contractors Limited.
      8. use of the definite or indefinite article in one or both names
        For Example: (i) Congenial Tours Ltd. is same as A Congenial Tours Ltd. and The Congenial Tours Ltd.
                               (ii) Isha Industries Limited is not the same as Anisha Industries Limited.
      9. a slight variation in the spelling of the two names including a grammatical variation thereof
        For Example: (i) Color Technologies Ltd. is same as Colour Technologies Ltd.
                               (ii)  Disc Solutions Ltd. is same as Disk Solutions Ltd. but it is not same as Disco Solutions Ltd.
      10. complete translation or transliteration, and not part thereof, of an existing name, in Hindi or in English
        For Example: (i)   National Electricity Corporation Ltd. is same as Rashtriya Vidyut Nigam Ltd.
                               (ii)  Hike Construction Ltd. is not the same as Hike Nirman Ltd.
      11. addition of the name of a place to an existing name, which does not contain the name of any place
        For Example: (i)   If Salvage Technologies Ltd. is an existing name, it is same as Salvage Technologies Delhi Ltd and Salvage Delhi                                                            Technologies Ltd.
                               (ii)  Retro Pharmaceuticals Ranchi Ltd. is not the same as Retro Pharmaceuticals Chennai Ltd.
      12. addition, deletion, or modification of numerals or expressions denoting numerals in an existing name, unless the numeral represents any brand                             
        For Example: (i)Thunder Services Ltd is same as Thunder11 Services Ltd and OneThunder Services Ltd
                             (ii) Style Garments11 Ltd. is same as Style Garments Ltd and Style12 Garments Ltd.
                                (iii) One 11 Power Equipment Ltd is not the same as One Power Equipment Ltd if One 11 represents a brand:
        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.
         
    6. The name shall be considered undesirable, if-           
      1. it is prohibited under the provisions of section 3 of the Emblems and Names (Prevention and Improper Use) Act, 1950 (12 of 1950), unless previous permission has been obtained under that Act;
      2. save as provided in section 35 of the Trade Marks Act, 1999 (47 of 1999), the name includes a trademark registered under the Trade Marks Act,1999 and the rules framed thereunder in the same class of goods or services in which the activity of the company is being carried out or is proposed to be carried out,  unless the consent of the owner or applicant for registration, of the trade mark, as the case may be, has been obtained and produced by the promoters;
      3. it includes any word or words which are offensive to any section of the people;
      4. the proposed name is identical with or too nearly resembles the name of a limited liability partnership:
      5. the proposed name is identical with or too nearly resembles with a name which is for the time being reserved in accordance with rule 9 of the Companies (Incorporation) Rules, 2014 by any other applicant:
      6. the company’s main business is financing, leasing, chit fund, investments, securities or combination thereof, but the proposed name is not indicative of such related financial activities, viz., Chit Fund or Investment or Loan, etc.;
      7. the company’s name is indicative of activities financing, leasing, chit fund, investments, securities or combination thereof, but the company’s main business is not related to such activities;
      8. it resembles closely the popular or abbreviated description of an existing company or limited liability partnership;
      9. the proposed name is identical with or too nearly resembles the name of a company or limited liability partnership incorporated outside India and reserved by such company or limited liability partnership with the Registrar. However, if a foreign company is incorporating its subsidiary company in India, then the original name of the holding company as it is may be allowed with the addition of word India or name of any Indian State or city, if otherwise available;
      10. any part of the proposed name includes the words indicative of a separate type of business constitution or legal person or any connotation thereof e.g. co-operative, sehkari, trust, LLP, partnership, society, proprietor, HUF, firm, Inc., PLC, GmbH, SA, PTE, Sdn, AG, etc.;
      11. the proposed name contains the words ‘British India’;
      12. the proposed name implies association or connection with an embassy or consulate of a foreign government;
      13. the proposed name includes or implies association or connection with or patronage of a national hero or any person held in high esteem or important personages who occupied or are occupying important positions in the Government;
      14. the proposed name is identical to the name of a company dissolved as a result of liquidation proceeding and a period of two years has not elapsed from the date of such dissolution. If the proposed name is identical with the name of a company which is struck off in pursuance of action under section 248 of the Act or under section 560 of the Companies Act, 1956 (1 of 1956) then the same shall not be allowed before the expiry of twenty years from the date of publication in the Official Gazette being so struck off;
      15. it is identical with the name of a limited liability partnership in liquidation or the name of a limited liability partnership which is struck off up to a period of five years;
      16. the proposed name include words such as ‘Insurance’, ‘Bank’, ‘Stock Exchange’, ‘Venture Capital’, ‘Asset Management’, ‘Nidhi’, ‘Mutual Fund’, etc., unless a declaration is submitted by the applicant that the requirements mandated by the respective regulator, such as IRDA, RBI, SEBI, MCA, etc. have been complied with by the applicant;
      17. the proposed name includes the word "State", in case the company is not a Government company;
      18. the proposed name is containing only the name of a continent, country, State, city such as Asia limited, Germany Limited, Haryana Limited or Mysore Limited;
      19. Use of descriptive names, where the name merely consists of commonly used words to describe an activity;
      20. the proposed name includes name of any foreign country or any city in a foreign country, the same shall be allowed if the applicant produces any proof of significance of business relations with such foreign country like memorandum of understanding with a company of such country. Further,the name combining the name of a foreign country with the use of India like India Japan or Japan India shall be allowed if, there is a government to government participation or patronage and no company shall be incorporated using the name of an enemy country;
      21. the proposed name of a section 8 company under the Act does not include the words Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust and the like, etc;
      22. the proposed name of a Nidhi company under the Act does not have the last words “Nidhi Limited” as a part of its name;
      23. the proposed name has been released from the register of companies upon change of name of a company and three years have not elapsed since the date of change unless a specific direction has been received from the competent authority in the course of compromise, arrangement or amalgamation.
         
    7. The applicant shall declare in affirmative or negative (to affirm or deny) whether he is using or has been using in the last five years, the name applied for incorporation of company or LLP in any other business constitution like Sole proprietor or Partnership or any other incorporated or unincorporated entity  and if, yes details thereof and No Objection Certificate from other partners and associates for use of such name by the proposed Company or LLP, as the case may be, and also a declaration as to whether such other business shall be taken over by the proposed company or LLP or not.    

     

    The 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:-

             


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