Selecting and getting a right name for an organization is important as the it will represent the organization. Some points to be kept in mind before selecting and applying the name are listed:
The proposed name selected does not contain any word as prohibited in Section 4(2) & (3) of the Companies Act, 2013 read with Rule 8 of the Companies (Incorporation) Rules, 2014.Some of them are:
1. A name must not resemble with the name of an existing company
2. Mere addition or deletion of spaces between words or the difference basis on use of A and The will not be considered as different name.
3. Any other name as prohibited under the law.
4. Considered as Undesirable names like Using Prohibited names under the Emblems and Names Act or Use of any word or words which are offensive to any section of the people; etc.
Process to check the name availability:
Check the name availability on MCA portal and on trademark portal.
I. On MCA portal: http://www.mca.gov.in/mcafoportal/showCheckCompanyName.do
1. In MCA services tab select check company name in My services.
2. Enter the name of the company and click on search it will display all the companies registered with the name.
3. If no company is registered, then a pop-up box will be displayed that no company is registered with the name
4. For more accurate results, is an optional able to enter the activity type.
As per rules, the name must not resemble with trademark except the owner of a trademark provides NOC to use such name. Hence the name must also be checked on trademark portal.
II. On Trademark portal:
Link for Trademark Search https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Link for Trademark Class https://ipindiaonline.gov.in/tmrpublicsearch/classfication_goods_service.htm
1. Open trademark portal from the link given above.
2. For searching trademark Class of trademark will be required.
3. On trademark search page enter the name and class and search.
4. Trademark class are mentioned in The Fourth Schedule to Trademarks Rules, 2002
5. All the trademarks registered with that name and in that class with be displayed.
Disclaimer
This article is for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. Whitespan Advisory does not warrant that the information contained in this article to be accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.
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