Introduction: A Company Name is the legal identity of a company as registered with the Registrar of Companies (ROC) under Section 4 of the Companies Act, 2013, comprising a unique core word and a mandatory suffix that signals the company’s class and liability structure. This page sets out the meaning of the Company Name, the requirements under Section 4 read with Rule 8 of the Companies (Incorporation) Rules, 2014, the rules on reservation, prohibited names, and statutory rectification under Section 16.
Company Name
A Company Name is the unique legal identifier under which a company holds property, signs contracts, sues, and can be sued. Every Indian company must adopt a name that the Registrar of Companies (ROC) has approved through the Reserve Unique Name (RUN) facility or Part A of Form SPICe+, and the name must end with the prescribed suffix, such as Limited, Private Limited, (OPC) Private Limited, or others applicable to its class. Once the Certificate of Incorporation is issued, the approved name becomes the company’s statutory identity.
A Company Name is governed separately from trademark law, although the two intersect; the Registrar refuses names that match a registered trademark or pending application without the proprietor’s consent, and the proprietor of a registered trademark may seek rectification under Section 16 of the Companies Act, 2013, within three years of registration or name change.
The name is distinct from a trade name or brand under which a business is marketed and from the name of a Limited Liability Partnership, which is regulated separately. A Section 8 Company is exempt from the standard suffix requirement.
Requirements for a Company Name
| No | Aspect | Statutory Rule |
|---|---|---|
| 1 | Mandatory suffix Section 4(1)(a);Section 8(1); Rule 8A(1)(u)–(v) |
“Limited” for a public company “Private Limited” for a private company “(OPC) Private Limited” for a One Person Company “Nidhi Limited” for a Nidhi company; For a Section 8 Company, the following words, in lieu of “Limited” or “Private Limited”, such as “Foundation”, “Forum”, “Association”, “Council”, or “Electoral Trust” |
| 2 | Identity restriction | Must not be identical with or too nearly resemble the name of an existing company or LLP (Section 4(2)(a); Rule 8) |
| 3 | Trademark conflict |
Must not include a registered trademark or pending trademark application in the same class of goods or services without the proprietor’s consent (Rule 8A(1)(b)) |
| 4 | Undesirable names |
Names that are offensive, descriptive, imply government patronage, or fall foul of the Emblems and Names (Prevention of Improper Use) Act, 1950, are barred. |
| 5 | Words requiring approval | Prior Central Government approval is required to use the following words. |
| 6 | Reservation period | 20 days from the date of approval for a new company; 60 days for an existing company changing its name; extendable up to a total of 60 days in stages on payment of prescribed fees (Section 4(5); Rule 9; Rule 9A) |
| 7 | Display obligation |
Name must be painted or affixed outside every office and printed on all letterheads, invoices, business correspondence, and official publications (Section 12(3)) |
| 8 | Alteration of name | Permitted by special resolution of members and prior approval of the Central Government (Section 13(2)) |
| 9 | Rectification of name | Central Government (delegated to the Regional Director) may direct a change within three months on grounds of similarity to an existing company or registered trademark; default triggers allotment of an “ORDNC” name (Section 16; Rule 33A) |
Legal Provisions
For the operative statutory language, refer to Section 4 and Section 16 of the Companies Act, 2013, read with Rules 8, 8A, 8B, and 9 of the Companies (Incorporation) Rules, 2014. The Bare Act and Rules are available on the Ministry of Corporate Affairs website at mca.gov.in.
Frequently Asked Questions
What is the difference between a Company Name and a Trademark?
Under which law is a Company Name regulated?
What suffix is required at the end of a Company Name?
In This Article
Author Bio
Meet Sanjeev Kumar, a distinguished advocate before the Supreme Court of India, High Courts, and National Tribunals. Founding Partner of Juriskps Law Offices, a premier law firm, he specializes in commercial, corporate, tax, arbitration, and IPR matters. His incisive legal insights enrich Setindiabiz’s blog with expert commentary.
