The name of the Company is one the most important and foremost steps taken before incorporating a Company. Before the Company is incorporated, the proposed name of the Company must be checked for availability.
There are certain criteria to meet for Company name availability in India.
- The proposed name must not be identical or similar to an existing Company name. The proposed Company name must be unique. Different spelling, tense, spacing, addition or subtraction of characters will not be considered as unique.
- Proposed Company name must not infringe trademark registered for a different Company name or an application of trademark registration.
- Names proposed for a Company must not include a separate type of constitution such as co-operative, trust, partnership, etc.
- Names including words like insurance, bank, mutual fund, etc., or any kind of financial management need approval from regulatory bodies such as RBI, SBI, etc.
- Company names proposed cannot imply association with any foreign government
- Proposed names may include certain words such as international, bharat, Hindustan, globe, etc., depending whether the authorized capital is Rs. 5 lakhs or above
Once the above requirements are fulfilled, Company name can be proposed. The Ministry of Corporate Affairs database has all the information pertaining to registered Companies. Company Name availability can be checked and searched on the Ministry of Corporate Affairs portal using the search index provided.