If you are
passionate in starting your own company, then the first thing that you would
like to do is to start thinking about the right name for it. But before that we
need to understand the legal stipulations for fixing a Company name.
A. Guidelines as per The Trade marks Act.
The Indian
Trademark Act had made certain guidelines for choosing the Name for a Compa7iny,
those are as follows
1. Similarity:
As per Section 9 of Trademark Act, A company name should not be Similar or
Identical with that of the existing Trademark/Company name. If the names are
similar, it may lead to confusion and in consequence, you may fact legal
complications. To know whether there is a similar company name or not, the best
tool is Trademark Registry's website; https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
2. Not
Descriptive: Descriptive in the sense, the Company name should not describe its
own product For Example, A manufacturer of steel should not have the company
name as "Steels India Limited". The consequence is that if someone
copies the same name, you cannot take any legal action against him.
3. Not Generic:
The other name for generic terms is Dictionary term. Further we can also say it
is as common names like Hi Food corporation, Good foods etc. Because of this
the customers may get deceived or attracted only by seeking the name of the
same.
4. Religious
names: you are also restricted from using the religious names; either the name
of the God or name of the Religious or name of the community or name of the
holy books. These names are also resticted
5. Not to use
Geographical area names: As per section 9 b of the Trademark Act, other
restriction is that not to use any Geographical name for Company name or brand
name. Eg. Coimbatore Cinemas or Bangalore Hotels.
B. As per the Indian Companies Act
If you would
like to go for Private Limited
Registration, You have to get it registered through the Registrar of
Companies. All the registration shall be done through the Ministry of Corporate
Affairs Portal: http://www.mca.gov.in/. As
per the guidelines of MCA, the following are the requirement to choose a
Company name.
1.
Non Similarity: As like the Trademark Guidelines, the ROC also restricts registration of Similar name
or identical name. To ensure the availability of a Company name, you can check
with the MCA Portal. Follow the link for checking the arability of the Company
name: http://bit.ly/2IiWhJi
2. Three Parts:
Another guidlince for getting a Name approval for Private Limited Company shall
be that the Name should Contain "Three Parts":
1. First Part:
The first Part should be the name of the Company, which should always be Unique,
in other words it should not be similar or identical. Eg. TATA Aerospace
Limited. Here in this example, the company name is Tata.
2. Second Part:
The second part is the Description part. Here you should describe the nature of
your business activity. Eg. Technology Solutions, Health Case etc. The name
should also consist the business description in itself. Eg. HDFC Bank Limited.
Here the the word bank describes the service very clearly (or) Eg. Sun Pharma
Private Limited. Here also it clearly understands that Sun Pharma is into the
business of Pharmaceutical products.
3. The Last
part: The last part of the name should always end with Private Limited or
Public Limit or OPC as per its respective nature. Eg. Reliance Communications
Enterprises Private Limited. Here the last works Private limited or Pvt Ltd
says its a Company Registered under Indian Companies Act.
For any
assitance on Company Registration or Trademark mark Registration, you can
contact us on http://leintelligensia.com/
Contact
Le Intelligensia
9941993399
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