company-registration
How to Check Company Name Availability in India
August 1, 20237 mins0 views
When starting a company in India, one of the first things you???ll want to do is choose a unique name. Checking if your chosen name is available is essential to avoid any legal issues and ensure that your brand is distinct. Here???s a straightforward guide on how to check company name availability online.
1. Why Checking Your Company Name Matters
Before diving into the process, it???s essential to understand why checking your company name is crucial. The company name represents your brand and identity. By choosing a unique name, you:
- Avoid legal conflicts with existing companies.
- Ensure your brand stands out in the market.
- Simplify the registration process by following naming guidelines.
2. Key Things to Remember Before Checking Name Availability
Before you start the online name-checking process, keep these factors in mind:
- Uniqueness: Ensure the name is distinct and doesn???t resemble any existing company name.
- Appropriateness: Avoid using any words that may be considered offensive or restricted.
- Relevance: The name should reflect the nature of your business, making it easily recognizable.
3. Step 1: Visit the MCA Website
To begin, go to the Ministry of Corporate Affairs (MCA) website. Here???s how to access it:
- Open your web browser and type mca.gov.in into the address bar.
- Once the page loads, you???ll be on the official MCA homepage.
4. Step 2: Navigate to the ???MCA Services??? Section
On the MCA homepage, you???ll see a menu with various options. To check the name availability:
- Look for the ???MCA Services??? section on the top menu bar.
- Click on it to view a dropdown list of available services.
5. Step 3: Select ???Check Company Name???
Under the MCA Services dropdown, you???ll see the ???Check Company Name??? option. Here???s what to do next:
- Click on ???Check Company Name???.
- This will take you to the name search page, where you can begin the availability search process.
6. Step 4: Enter the Desired Name in the Search Box
Now, you???re on the name search page where you can start checking if your chosen name is available. To do this:
- In the search box, enter the name you wish to use for your company.
- Keep in mind that the name should not have special characters or punctuation that the MCA portal doesn???t accept.
- Avoid using terms like ???India,??? ???Limited,??? ???Corporation,??? or ???Association??? at this stage, as the system checks for the core name without these terms.
7. Step 5: Analyze the Search Results
The MCA portal will show the search results, indicating whether the name you entered is available or similar to an existing company name. Here???s how to interpret the results:
- Name Available: If the portal shows that your chosen name is available, you???re good to go. This means you can proceed with the registration process.
- Name Unavailable: If a similar name already exists, the portal will list it, and you???ll need to modify your chosen name or choose a new one.
8. Step 6: Verify Using Alternate Spellings or Variations
Sometimes, a simple variation of your chosen name may be available if the exact name is taken. Here???s how you can make slight changes:
- Add Descriptive Words: Try adding descriptive terms to the name, such as ???Technologies,??? ???Solutions,??? or ???Enterprises.???
- Use Abbreviations: If it makes sense for your business, consider using an acronym or abbreviation for a unique touch.
9. Step 7: Conduct a Trademark Search
While the MCA website allows you to check the availability of company names, it doesn???t cover trademarks. To avoid legal issues and ensure exclusive rights to your company name, consider doing a trademark search as well:
- Visit the official Trademark Registry website at ipindiaonline.gov.in.
- Use the search tool to check if your name or a similar one is already registered as a trademark.
- If the name is available as a trademark, you may proceed with registration for added protection.
10. Step 8: Reserve the Name (Optional)
If you???re sure about the name and want to secure it, you can reserve it for a period until your registration process is complete. Here???s how:
- Go back to the MCA portal and access the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form.
- Fill out Part A of the form, which is for name reservation.
- You???ll need to pay a nominal fee for this reservation, and it???s valid for a limited period.
11. Common Mistakes to Avoid During the Process
To save time and ensure smooth registration, avoid these common mistakes:
- Using Common Words: Avoid overly common names or generic terms. Unique names are more likely to be approved.
- Ignoring Naming Guidelines: The MCA has specific rules for naming companies. Be sure to follow these to avoid rejections.
- Skipping the Trademark Search: Not checking trademarks can lead to conflicts later, which may require changing your brand name.
12. Finalizing Your Company Name
Once you???ve checked the availability, performed a trademark search, and reserved the name, you???re ready to proceed with company registration. Here???s a quick overview of what to do next:
- Complete the SPICe+ Form: This form will guide you through the complete registration process.
- Prepare Documents: Gather necessary documents such as the PAN card, address proof, and other required documents of the directors and shareholders.
- Submit and Pay Fees: Once everything is in order, submit your application and pay the applicable fees.
Conclusion
Choosing and securing a company name in India is a straightforward process if you follow each step carefully. By ensuring your name is unique, appropriate, and available, you can move forward confidently in establishing your business. Checking the availability of your company name through the MCA portal and performing a trademark search are vital steps that protect your brand and simplify your company registration journey. Following these steps will help you avoid potential delays and ensure a smooth start for your business. Happy naming, and best of luck in your entrepreneurial journey
FAQs
Q1. Why is it important to check company name availability before registration? Ans1 Checking name availability helps avoid legal rejection during registration. If your chosen name is already taken or too similar to an existing one, the Ministry of Corporate Affairs (MCA) will reject your application, delaying the entire process. Q2. How can I check if a company name is available in India? Ans2 You can visit the MCA website (mca.gov.in) and use the ???Company Name Search??? tool under the MCA Services tab. Enter your proposed name to see if any existing companies or LLPs have similar names. Q3. Is the MCA company name search tool free to use? Ans3 Yes, the MCA???s company name search tool is completely free of cost. You can perform unlimited checks to find unique and compliant names before filing your application for company incorporation. Q4. What makes a company name eligible or valid under MCA rules? Ans4 The name must be unique, not identical or too similar to an existing name, and should not violate any trademark. It must also comply with Companies (Incorporation) Rules, 2014 and should reflect your business activities. Q5. Can I reserve a company name after checking availability? Ans5 Yes, after confirming availability, you can reserve the name by filing RUN (Reserve Unique Name) on the MCA portal. If approved, the name is blocked for 20 days for a new company and 60 days for an existing company. Q6. How many names can I propose in the RUN form? Ans6 You can submit two proposed names (in order of preference) in a single RUN form. If both get rejected, you???ll need to file a fresh RUN form and pay the fees again. Q7. What is the fee to apply for name reservation? Ans7 The government fee for filing the RUN form is ???1,000 per application. This fee is non-refundable even if the name is rejected, so checking carefully before applying is essential.
