Choosing the right name for your Private Limited Company is not just about branding—it is a legal requirement. A company’s name creates its first impression and builds the identity under which it will be recognized in the market. However, before finalizing any name for a new company, it is essential to check name availability to ensure that it does not conflict with existing names, trademarks, or government norms. In India, this process is regulated by the Ministry of Corporate Affairs (MCA), and every applicant must comply with the rules set forth under the Companies Act, 2013. In this article, we will explain the complete process to check company name availability on the MCA portal, guidelines you must follow, reasons for rejection, and useful tips to get your name approved.
Importance of Company Name Availability
When you register a Private Limited Company, the first major step is to decide on a unique name. This name becomes the legal identity of the business and will be used in all legal, banking, and branding activities. However, you cannot simply choose any name you like. The name must meet specific criteria laid out by the MCA.
The purpose of checking name availability is to ensure that the proposed name:
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Is not identical or too similar to an existing registered company or LLP (Limited Liability Partnership).
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Does not infringe upon any registered trademarks.
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Follows naming guidelines as prescribed under the Companies (Incorporation) Rules, 2014.
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Is not misleading, offensive, or against national interest.
If your proposed company name does not meet these conditions, the Registrar of Companies (RoC) may reject your incorporation application.
Guidelines for Choosing a Company Name
Before proceeding to check company name availability, it is necessary to understand the rules you must follow while selecting a name. The MCA has framed detailed naming guidelines to avoid duplication and prevent misleading or deceptive names from being registered.
1. Uniqueness is Mandatory: Your company name should be unique and distinguishable from any existing company, LLP, or trademark. If the name already exists or is phonetically similar to another registered entity, it will be rejected. The name should also reflect the business activity—e.g., a technology company can include “Tech” or “Solutions” in its name.
2. Avoid Using Abbreviations and Generic Terms: Abbreviations (e.g., “ABC” or “XYZ”) and generic terms (e.g., “Best,” “New,” “Good,” etc.) are often rejected. The MCA does not approve names that include vague words or lack meaningful description of business activities.
3. Respect Trademark Rights: Before applying, ensure that your proposed name does not infringe upon an existing registered trademark. If your name is similar to any existing trademark, you must obtain a No Objection Certificate (NOC) from the trademark owner.
4. No Impersonation or Patronage: The proposed name must not imply any connection with the Indian government, any foreign government, or any national leader, unless approval is obtained. Names like “National,” “Republic,” or “Gandhi” can be misleading and are usually disallowed.
5. Domain Name Consideration: Even though domain registration is not part of the company incorporation process, it is wise to block the domain name for your proposed company name. This helps in maintaining a consistent digital identity.
6. Regulatory Approval for Restricted Words: Some words like “Bank,” “Stock Exchange,” “Insurance,” “Mutual Fund,” etc., require prior regulatory approval from bodies such as RBI, SEBI, or IRDAI. You must apply for such approvals in advance if these words are to be included in your company name.
How to Check Company Name Availability on MCA Portal?
The Ministry of Corporate Affairs provides an online tool to help applicants check company name availability before filing the incorporation forms. The steps are simple and can be followed by anyone.
Step-by-Step Process
Step 1: Visit the MCA Portal
Go to the official website of the Ministry of Corporate Affairs: www.mca.gov.in
Step 2: Access ‘Name Availability’ Service
Navigate to the “MCA Services” tab on the homepage. Under this section, click on “Check Company Name” or “Name Reservation.”
Step 3: Enter the Proposed Name
You will be prompted to enter the desired company name along with the primary business activity. For example, “Infotech Solutions Pvt Ltd” for an IT service company.
Step 4: View Results
If the name is available, the portal will display a confirmation message: “The name is available for incorporation as per the Companies Act, 2013.”
If the name is already taken or closely resembles another, the portal will display a list of similar names. In that case, you will have to revise your proposal.
Step 5: Trademark Search
After checking on the MCA portal, go to the Trademark portal www.ipindia.gov.in and perform a trademark search. Ensure that the name is not trademarked. If it is, get an NOC from the trademark owner before proceeding.
Tips for Accurate Search
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Enter only the first two words for better results.
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Avoid special characters and abbreviations.
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Check for phonetic similarity (e.g., "Rite" vs. "Right").
Company Name Rejection Norms
Despite checking name availability, some applications are still rejected due to failure in meeting specific MCA norms. The following are the common reasons why a proposed name might be rejected:
1. Use of Restricted Words: Words like “State,” “National,” “India,” “Stock Exchange,” etc., are either restricted or require special approval.
2. Generic or Descriptive Names: Names that are too generic or merely describe the business activity without uniqueness are often rejected. Examples include “Software Company Pvt Ltd” or “Food Services Pvt Ltd.”
3. Similarity in Sound or Translation: Phonetic similarities or literal translations of existing names are not allowed. For example, “RIT Mango Producers” and “RIT Aam Producers” are considered similar.
4. Addition of Geographical Words: Adding a city or state name does not make your company name unique. “ABC Technologies” and “ABC Technologies Delhi” would still be treated as similar.
5. Offensive Words: Any name that contains offensive language, religious connotation, or controversial terms is not allowed.
Do’s and Don’ts for Successful Company Name Approval
Here are some practical tips to avoid common mistakes when applying to check company name for a Private Limited:
Do’s
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Use a name that clearly relates to your business activity.
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Always check both MCA and Trademark databases.
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Include the suffix “Private Limited” in the proposed name.
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Provide two alternate names in the name reservation form (SPICe+ Part A).
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Consult with professionals if required.
Don’ts
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Don’t use names that mimic famous companies or trademarks.
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Avoid plural forms or tense variations of existing names.
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Do not submit an application without checking phonetic similarities.
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Don’t assume a domain availability means name availability for incorporation.
How to Get Your Company Name Approved from MCA?
Once you have selected a suitable name and checked its availability, the next step is to reserve it with the MCA through SPICe+ Part A form.
File SPICe+ Part A
The SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) is a web-based form for company incorporation. In Part A of this form, you can apply for name reservation.
Provide Two Name Options
In case your first choice is not approved, MCA allows you to propose a second name. This increases the chances of approval without having to re-apply.
Attach NOC if Needed
If your name includes a registered trademark, attach the No Objection Certificate from the trademark holder. Similarly, if the name contains regulated words (like bank, insurance), include approvals from the concerned regulator.
Monitor Application Status
After submitting your application, check the approval status on the MCA portal. If approved, you can proceed to file SPICe+ Part B and other incorporation forms.
Conclusion
Choosing and checking name availability is the first legal step in incorporating a Private Limited Company in India. A well-thought-out name not only reflects your brand identity but also ensures smooth registration with the Ministry of Corporate Affairs. Checking name availability on the MCA portal, conducting a trademark search, and adhering to all naming guidelines are vital for a successful registration.
Take time to plan your company name, verify it across platforms, and avoid restricted or misleading terms. Following the process correctly can save you time, effort, and potential rejection from the RoC. Once your name is approved, the path is clear for you to proceed with incorporating your dream business.
If you need any support in checking the availability of Company Name or in Company Registration, then you can connect with Compliance Calendar LLP experts through email info@ccoffice.in or Call/Whatsapp at +91 9988424211.
FAQs
Q1. How do I check company name availability on the MCA portal?
Ans. To check company name availability, visit the official MCA website www.mca.gov.in, click on “MCA Services,” and select “Check Company Name.” Enter your proposed name and the business activity. The portal will display whether the name is available for registration under the Companies Act, 2013.
Q2. Can I use a company name that already exists but in a different industry?
Ans. No. Even if your business operates in a different industry, you cannot use a name that is identical or deceptively similar to an existing registered company or LLP. The MCA focuses on overall uniqueness and potential for confusion.
Q3. Does domain name availability mean the name is available for registration?
Ans. Not necessarily. Domain name registration is separate from company name approval. Even if a domain is available, the company name must still be checked and approved by the MCA and should not conflict with any registered trademark or company.
Q4. Can I use a registered trademark as my company name?
Ans. Only if you have obtained a No Objection Certificate (NOC) from the trademark owner. Otherwise, the MCA will reject the proposed name for violating intellectual property rights.
Q5. How many names can I propose in one name approval application?
Ans. You can propose two names in one SPICe+ Part A application. If the first name is rejected, the Registrar may consider the second one for approval.
Q6. Why was my company name rejected even though it appeared available on the MCA portal?
Ans. The MCA name check tool is only preliminary. Final approval is subject to scrutiny by the Registrar of Companies. If your name resembles another registered company, includes restricted words, or lacks uniqueness, it can still be rejected.
Q7. Is it mandatory to include 'Private Limited' in the company name?
Ans. Yes. Every Private Limited Company in India must include the suffix “Private Limited” at the end of its name as per the Companies Act, 2013.
Q8. Do I need to check the trademark database before applying for name approval?
Ans. Yes. It is highly recommended to search for similar trademarks on www.ipindia.gov.in before applying. Using a name that conflicts with a registered trademark without permission can lead to rejection or legal issues.