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Guiding instructions for deciding availability of names for registration

A name which comes with the lists specified below will not commonly be made available. Here we guiding the instructions to know how to check your company name.

If it is not in statement with the major objects of the company as set out in its MOA. This is not surely mean that all name should be suggestive of its objects. But when there is some sign of business in the name then it should be in conformity with its objects.

If the companies/company important business in finance, but the name is sample of which specific financial activities like loans/chit funds/investments etc.

If it contains any words or word that are insolent to any section of the people. The company registration should be properly registered in your State.

If the suggested name is the exact Hindi translation of the name of a present company in English specifically an existing company with a reputation.

If the name is only a common one like Silk Manufacturing Limited or Cotton Textile Mills Ltd and not specific like Bangalore Cotton Textile Mills Limited.

If the suggested name has a close phonetic like a company name in subsistence for example J.K. Industries Ltd., Jay Kay Industries Limited.

If the name is like a common one such as Silk Manufacturing Limited or Cotton Textile Mills Ltd and not specific like Bangalore Cotton Textile Mills Limited.

If it contains the word Sahakari, Co-operative or the same word “co-operative” in the regional languages of the country.

If the guiding suggested name includes the word “British India”.

If the suggested name shows connection or association with Consulate or Embassy which moves connection with local authorities such as Panchayat, Municipal, Bangalore Development Authority.

If the suggested name is indefinite like IVNR or DIMO or SSRP or Private Limited.

If it is dissimilar from the names/name of the existing companies/company only to the area of having the name of a place within brackets before the word “limited” like, Indian Press (Delhi) Limited should not be permitted in view of the existence of the company named Indian Press Limited.

If the suggested name involves common words like ‘Janta’ ‘Popular’ ‘General’. If they are in the aforesaid state doing the same business.

However, in case of companies in various business in the aforesaid state and in the company registration office is in various states, the company name might be permitted.

For example, “Popular Media Private Limited’ is used aforesaid as an existing company like ‘Popular Plastic Private Limited’ should not be objected to.

If it contains a name of registered Trademark, but the confirmation of the trademark owner has been produced by the promoters. It is not possible to check the suggested name in all cases with the trademark. If the registrars are having a good knowledge of their trademark notice which is contained the proposed name.

If the name is too nearly resembling or similar the name by which a company in presence has been registered previously. In case of firms or an unregistered company have improved a name on a considerable term. If a suggested name is similar with or too nearly agrees the firm name within the knowledge of the registrar.

If it is varied from the existing company name only by the addition of words like “Modern”, “Non”, “New” etc. If there is a company in existence by the name “Builders and Contractors Limited” the name “Contractors and Builders Limited” should not normally be allowed.

In the name contains the word “ Business” or “Industries” unless the name is revealing of the business of the suggested company.
Guiding instructions for deciding availability of names for registration

But, the words “Nav Bharat”, “Jai Bharat”, “New India”, etc. concluded in the suggested name does not required to stand the same test as “India, “Hindustan” etc (as they do not provide the same sense).

Normally, the word India, Bharat, etc. If mentioned in the brackets before the word “limited” or “Private Limited” does not stand the same test as the words “India” etc.

You may mention this name at the beginning of the name. The word “India” or “Bharat” in brackets before the word “ Limited” or “ Private Limited”. It does not need which mean the company is an Indian Branch of some foreign company like “ RS Electricals (India) Private Limited”.

If the suggested name contains the word “State” on with the state name like “Bangalore State Company Limited” it should not be permitted as it would give an impression of the Bangalore State government participating in the share capital of the proposed company.

If the suggested name contains the word “Corporation”, unless the company could be considered as a large sized company.

So, the words “Company” and “Corporation” may be considered as nearly resembling for intention of assigning a new name.

For example, a company name “Bangalore Finance Incorporation” already exists. “Bangalore Finance Corporation” should be regarded as unwanted within the meaning of section 20 of the act.

If the suggested name contains the words like German, British, French, etc. unless the promoters fulfill that there is some type of connection and collaboration with the foreigners of that specific place or country.

The name that is formed in the name. So, the “British Tool Manufacturing Company Ltd”. It should not be permitted unless the company has some relationship with British.

Even where, exclude for the first word, all the other words of the suggested names are same to those of an existing company. The existing company name and the first word should be regarded has to be comfortable to different. Like “Balaji…………. Limited”.


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