Check Company Name Availablity

Check Company or LLP Name Availability

Several methods are available in India for determining whether a company name is available online. Before incorporating, You must select a company name and confirm its availability. Using CIN or PAN, you can search the MCA website for company names and master data. Another way to determine if a company name is accessible is to use a third-party company name-checking service. 

To avoid future legal issues, you need to make sure that the company you have selected still needs to own the name you have picked. But how can one determine if a name is available for use by an Indian company?  This article by Lawgical Adda will discuss the need to verify the availability of company names and the steps involved in doing so in India.

What is a Check Company Name?

A check company name search entails determining if the proposed business name is available before deciding on it. You can only continue with identifying a business.

You must name your firm according to the regulatory framework set by the Ministry of Corporate Affairs. If the regulations are fulfilled, the MCA will accept the name, and you must reapply under the new name.

You must follow specific guidelines before determining whether the name is available.

The Value of Verifying the Availability of the Company Name

Verifying the availability of a company name is crucial for several reasons.

1. The search for a company name is primarily conducted to prevent duplication and legal violations.
2. You may be in legal hot water if another business already uses your preferred name.
3. It is done to ensure that there are no possible trademark problems. If you trademark a name or emblem that is identical to that of another company, you risk violating their intellectual property rights and being prosecuted.
4. Verifying the availability of company names can help you avoid domain squatting. Domain squatting is the act of purchasing common areas to sell them for a higher price later.

Steps to Check Company Name Availability

Portal for the Ministry of Corporate Affairs (MCA)

The Ministry of Corporate Affairs (MCA) Company Search page is a database containing all firms registered in India. Use the company name, CIN, or PAN fields to search our database and see if the name you've been wanting is available. Through an easy-to-use portal, the MCA allows users to confirm whether company names are available. Here's how you go about it:

Step 1: Visit the MCA website at http://www.mca.gov.in.

Step 2: Click the "MCA Services" option and choose "Check Company Name" from the drop-down menu.

Step 3: Fill in the search field with the required name and click the "Search" button.

The name will appear in the portal's search results if it is reachable.

Use a company name availability checker or third-party company name checker service.

Using various independent company name-checking services, you can confirm whether company names are available in India. These services typically offer a wider database of company names than the MCA website, and they may also offer additional features like trademark searches and domain name availability checks.

To make use of a third-party firm name checker service, adhere to these steps:

Step 1: Enter "company name search" into Google's search bar.

Step 2: Type in the company name you wish to research.

Step 3: You need to click the "Check Availability" button.

After conducting a database search, the firm name checker tool will inform you if the name is available.

Trademark Search

Doing a trademark search is another crucial step to ensure that the name of your business is distinct from a trademark already registered. The Trademarks Registry of India database allows you to search online for registered trademarks. Perform these actions:

Step 1: Visit the Trademarks Registry website at http://www.ipindia.nic.in.

Step 2: From the drop-down selection under "Public Search," choose "Trade Marks."

Step 3: Enter the name of the business you're looking for in the search field and click “Search.”

The search results will be displayed in the MCA-registered company database if any similar or identical trademarks are found.

Professional Assistance

If you would rather have professional guidance, experts like chartered accountants, company secretaries, or law firms are available. These experts have experience with business registrations and can do in-depth research to verify the availability of the company name you have chosen. Lawgical Adda will be happy to help you with the assistance required. Contact us to know more!

Websites for State-Specific Company Registration

Beyond the MCA portal, certain Indian states also have websites where corporations can register. These portals allow people to check whether a company name is available in their state. To utilize this service, it is recommended that you visit the official website of the Registrar of Companies in the relevant state.

Rules for Selecting the Name of Your Business

The Registrar of Companies (ROC) for all of India states that when naming a company, the applicant must follow certain guidelines. Approval is also required for the application's official processing. The more closely the prescribed rules are followed, the more likely the company's name will be approved.

Uniqueness 

The company name is one standout characteristic. A registered name cannot be transferred to another company, so it has to be memorable. For example, if the company is a finance company, the term "finance" needs to be in the name. The soul of the company is encapsulated in this word. Therefore, a firm operating in the restaurant or logistics sectors cannot have the word "finance" in its name.

Steer clear of acronyms.

 General words, adjectives, and acronyms will not be accepted. The RBI must approve before using the terms banks, exchange, and stock exchange.

Trademark 

The proposed company name cannot infringe upon a registered trademark or an application for trademark registration unless the registered trademark owner's or applicant's authorization is provided with the name approval application.

Regulatory acceptance 

If a company name includes insurance, a bank, a stock exchange, venture capital, asset management, a mutual fund, etc., regulatory clearance from the RBI, SEBI, IRDAI, etc., may be required.

The first step in starting a business in India is registering a company name. Checking the availability of a name might assist you in successfully building brand identity while averting possible legal issues.

Pro tip: Using the Ministry of Corporate Affairs web, a trademark search, online company name availability checkers, or consulting an expert, you can confirm that your chosen company name is unique and available for registration.