Can I use a company name that already exists?
Can I use a company name that already exists?
No, it is not legal. You can only use a business name that has not been registered in India. Therefore, before choosing a business name, you can search for its availability is one of the essential things. This article will explore the ins and outs of using a company name that already exists. We will also examine how to ensure your brand name does not infringe on anyone else’s. By the end, you should better understand how to protect your business from legal headaches.
Can my company have the same name as another company?
No, your company cannot have the same name as another company. Once a Company or LLP is registered, the Ministry of Corporate Affairs will not allow any other Company or LLP to be registered with a similar name per the Companies Act, 2013. However, the business’s name can still be used by others if trademark registration is not obtained.
For instance, if ABC Technology Private Limited is a registered company, then ABC Technology LLP cannot be registered. However, the word ABC Technology can still be used as a brand name for the software. Registration of a Company or LLP protects registration of another Company or LLP with a similar or identical name only. Hence, it is recommended that the business name also be trademarked.
Companies Act 2013 mandates that a company name should not be similar or identical to a registered trademark. Therefore, any Entrepreneur having a unique business name idea can get the brand name registered to prevent the registration of a company or LLP with a similar or identical name.
For starting a business in India or trademark registration, visit IndiaFilings.com.
The consequence of using a company name that already exists
If there is already another company using a similar name to the one you want, you may still be able to use it if you can show that it will be apparent to the marketplace. This usually comes down to whether the goods or services the two companies offer are similar enough that consumers may believe they’re the same business.
However, if you’re trying to register a name that’s too similar to an existing company’s, you may face some problems. The other business could file an objection with the state or sue you for trademark infringement. To avoid potential legal headaches, choosing a unique and easily distinguishable name for your company is best.
Procedure to check Company Name Availability
If you want to check if the company name you want is already taken, there are a few steps you can follow.
- First, try searching for the company name on the MCA website. If the company name is already taken, it will be listed on the website.
- You can also try searching for the company name on the IndiaFilings website.
