The most important task for a startup while incorporating a company is to Decide Company Name (Company Name Approval). Well here is the answer to all of your queries on how to keep the suitable name for your startup in view of name approval rules. The Companies Act, 2013 has laid down principles of name approval by the MCA, that is also known as Name Availability Guidelines for the registration of a new company or the LLP. Please click here to read a detailed analysis of the law on name availability here. The names of business should be unique and should not resemble with any other existing company, LLP or a trademark.
Request Online for Name Availability Search
The name of the business is significant as it connects with the potential consumers and must leave a lasting memory of the company in the minds of customers. Apart from the general business considerations, you should also be careful and check in detail for any possible match with an existing business name or trademark. Before the founders start deliberating the proposed name, we suggest the following three essential elements to look in to, that will help in deciding the name of the company.
- The name should be unique and must contain business activities
- The business activity should not be the first word
- You should not violate someone else trademark
- The name meets the requirements of the Companies Act, 2013
Business Activities in Name
A company or LLP is always registered for a lawful purpose, and now the question is, can I incorporate a company with more than one category of activities, or is it necessary for the name of the company to carry the activities. The answer is that the name of the company should reflect the proposed business activities of the company, and only one category of business activity is allowed to be pursued in a new company.
When the application for the company name is filed, you have to select the main division of industrial activity of the company from a list which gets populated. You have no choice but to select only one category. In the last section of this blog we have provided the list of activities, and out of them only one has to be selected
Hence it can be concluded that the name of the company should reflect the proposed business activities (Broadly), and the company or LLP can be incorporated only for one activity and not multiple activities.
A word, Business Name, Logo, Device, etc. which can identify the origin of goods or services is known as a trademark. Under the trademark law, there is specific provision protecting the lawful owner of the brand against any potential infringement, and the courts in India awards hefty compensation for a breach of the trademark by any unauthorized use. Hence before considering any name, please check if it violates someone else brand. Setindiabiz is providing a free trademark search facility in India. Please click to request Trademark Search
Further note that the companies act, 2013, have a specific provision under rule 8 of the incorporation rules. A name is undesirable if it includes the name of a registered trademark or a trademark, which is subject to an application for its registration unless the consent of the owner or applicant is received.
Consider The Companies Act. 2013
Section 4 of The Companies Act, 2013 gives broader guidelines for keeping the name of a company in India. These guidelines intend to prevent the adoption of a name that already exists or which gives an impression to the general public about any government patronage. Another objective is to uphold the provisions of The Emblems And Names (Prevention Of Improper Use) Act, 1950. Whereas rule 8 provides for the detail and illustration of what is the undesirable name. Please read a detailed discussion by clicking here.
To sum up, the name of a startup is essential, and it must be kept after considering the legal provisions in mind. The google searches and availability of a domain name may be a good and substantive reason. However, this is not a conclusive way to determine whether a particular name is available of not. You may submit your proposed name to team setindiabiz, and we shall conduct a feasibility report without any charges. Request for a report from us on the name availability of your company
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List of Categories (Industrial Code)
|1.||Agriculture and Allied Activities||Agriculture, Hunting and related Service activities (01);Forestry, logging and related Service activities(02); Fishing, Operation of fish hatcheries and fish farms; service activities incidental to fishing (05)|
|2.||Mining & Quarrying||Mining of coal and lignite, extraction of peat (10); Extraction of crude petroleum and natural gas, service activities incidental to oil and gas extraction excluding surveying (11); Mining of uranium and thorium ores (12); Mining of metal ores (13); Other Mining and Quarrying (14)|
|3.||Manufacturing (Food stuffs)||Manufacture of food products and beverages (15); Manufacture of tobacco products (16)|
|4.||Manufacturing (Textiles)||Manufacture of textiles (17); Manufacture of wearing apparel, dressing, and dyeing of fur (18)|
|5.||Manufacturing (Leather & products thereof)||Tanning and dressing of leather, manufacture of luggage handbags, saddlery & harness and footwear (19)|
|6.||Manufacturing (Wood Products)||Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plating materials (20)|
|7.||Manufacturing (Paper & Paper products; Publishing, printing and reproduction of recorded media)||Manufacture of paper and paper products (21); Publishing, printing, and reproduction of recorded media (22)|
|8.||Manufacturing (Metals & Chemicals, and products thereof)||Manufacture of coke, refined petroleum products and nuclear fuel (23); Manufacture of chemicals and chemical products (24); Manufacture of rubber and plastic products (25); Manufacture of other non-metallic mineral products (26) ; Manufacture of basic metals (27); Manufacture of fabricated metal products, except machinery and equipment (28)|
|9.||Manufacturing (Machinery & Equipments)||Manufacture of machinery and equipment n.e.c (29); Manufacture of office, accounting and computing machinery (30); Manufacture of electrical machinery and apparatus n.e.c (31); Manufacture of radio, television and communication equipment and apparatus (32); Manufacture of medical, precision and optical instruments, watches, and clocks (33); Manufacture of motor vehicles, trailers, and semi-trailers (34); Manufacture of other transport equipment (35)|
|10.||Manufacturing (Others)||Manufacture of furniture; manufacturing n.e.c (36); Recycling (37)|
|11.||Electricity, Gas & Water companies||Electricity, gas, steam and hot water supply (40); Collection, purification and distribution of water (41)|
|13.||Trading||Sale, maintenance and repair of motor vehicles and motorcycles; retail sale of automotive fuel (50); Wholesale trade and commission trade, except motor vehicles and motorcycles (51); Retail trade, except motor vehicles and motorcycles, repair of personal and household goods (52); Hotels and Restaurants (55)|
|14.||Transport, storage and Communications||Land transport; transport via pipelines (60); Water Transport (61); Air Transport(62); Supporting and auxiliary transport activities, activities of travel agencies (63); Post and telecommunications (64)|
|15.||Finance||Financial intermediation, except insurance and pension funding (65); Activities auxiliary to financial intermediation (67)|
|16.||Insurance||Insurance and pension funding, except compulsory social security (66)|
|17.||Real Estate and Renting||Real estate activities (70); Renting of machinery and equipment without operator and of personal and household goods (71)|
|18.||Business Services||Computer and related activities (72); Other Business Activities (74)|
|19.||Community, personal & Social Services||Research and Development (73); Public Administration and Defence, compulsory social security (75); Education (80); Health and Social Work (85); Sewage and refuse disposal, sanitation and similar activities (90); Activities of membership organizations n.e.c. (91); Recreational, cultural and sporting activities (92); Other Service activities (93); Activities of private households as employers of domestic staff (95); Undifferentiated goods-producing activities of private households for own use (96); Undifferentiated service-producing activities of private households for own use (97); Extraterritorial organizations and bodies (99)|
|20.||Download NIC-2004 For Complete List||NIC-2004 Details|