Choosing a Business Name

Deciding a name for the business can sometimes be a complex and challenging task for the Entrepreneur. The choice of business names selected must be cross-referenced against domain availability, trademark registry, and Ministry of Corporate Affairs to ensure no other businesses are operating with a similar or identical name. In this article, we elaborate on best practices for choosing a business name.

Choosing a Business Name

The first step to choosing a business name involves brainstorming and creating a list of potential names for the proposed business. It is better to have a few choices rather than have just one choice of name. Also, it is better to avoid generic or common names such as Delhi, Shah, Global, Hindustan, etc., as the chances of a company already being in existence with the same or similar name are high. Name of a business can be divided into three main categories:

Common Names

Common names for business are those names that are based on common words or nouns. For example, Dhir Textiles Private Limited or Apple Technology Private Limited or Chennai Security Private Limited are all company names that utilize common words or nouns as their names. With nearly a lakh company being registered each year in India, it is hard to get approval from MCA for a business name that utilizes common word, as the chances for the existence of another company with similar or identical name is very high. It is also hard for Companies with common names or initials of promoters to stand-out from the competition and rank higher in search engines (more on this below). Therefore, it is generally not recommended that promoters use common names for the business unless there is a strong reason for doing so. To get ideas for common names for a business, websites like babynamesdirect.com may be helpful.

Descriptive Names

Another strategy for naming a business would be to have a self-descriptive name for the business, which includes keywords relating to the business in the name itself. For instance, IndiaFilings or IndiaProperty conveys to the audience the nature of business and would help the businesses rank higher in search engines; since people searching for property or filing in India would find IndiaFilings and IndiaProperty easily in search engines. To find out keywords for your business or for what people are searching for, the Google Adwords Keyword Tool is a great place to begin.

Unique Names

Choosing a unique or invented name for your business has great advantages in terms of branding, remembrance, and trademark registration. The chances of finding a great domain address for a business with an invented name is easier than locating a name for a business with a common name. Often times, unique or made name is quirky and is oftentimes memorable. Finally, since the name is unique and invented, the promoters enjoy the best chances of obtaining a trademark registration for the business name and trademark protection in the future. Flipkart is a great example of a unique or invented name.

Checking Proposed Company Name Availability with MCA

To check whether the chosen name for your business is available with the Ministry of Corporate Affairs (MCA), you can visit MCA21: Check Company or LLP Name. In the search tool provided, enter the name of the business you would like to have in the name field and the object clause of the company name in the activity field. Once submitted, the website would return the list of businesses in existence with an identical name if any exists. Keep in mind that the tool verifies the name provided against identical names in the companies database. However, MCA rules state that the proposed name for a company cannot be identical or similar to an existing company or LLP name. Therefore, even if the search tool doesn't return an identical name, the MCA Officer approving the application for name reservation has the final decision on whether the proposed name is similar to that of an existing company or LLP name.

Checking Proposed Company Name against Trademark Database

With the adoption of Companies Act, 2013, the proposed company or LLP names are now being cross-verified against the trademark database to ensure no trademark infringement takes place. To check whether your company's proposed name is in conflict with the trademark database, visit the Trademark Public Database. In the trademark search tool, enter the proposed name of the business without the object clause and select an appropriate trademark class. The search tool would then return the list of trademarks in existence that is identical to the search term proposed. Again, MCA rules state that the proposed name for a company cannot be identical or similar to an existing trademark. Therefore, even if the search tool doesn't return an identical trademark, the MCA Officer approving the application for name reservation has the final decision on whether the proposed name is similar to that of an existing trademark.

Let the MCA Decide

Entrepreneurs who find a similar name to that of their proposed business name - in the trademark or MCA database, are usually confused on whether to still apply with the MCA for name reservation. The Entrepreneur or the Company Incorporation Advisor is not the deciding authority on whether a name is similar to that of an existing company name. Therefore, it is best to apply for the name with the MCA along with a few options; if the MCA decides the name is not in conflict with that of an existing company name or trademark, the same will be granted. However, keep in mind that it is best for startups to stay away from legal or trademark infringement suits. Hence, try to choose a business name that is unique, standout, and invented.

To check company or LLP name availability, talk to an IndiaFilings Business Advisor today.

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Frequently Asked Questions

Common questions about Choosing a Business Name.

The article recommends choosing a unique or invented name for your business as it offers advantages in terms of branding, memorability, and trademark registration. It suggests that unique names are often quirky and memorable, making them stand out from common or descriptive names. Additionally, it's easier to find an available domain name for a unique business name.

Checking the availability of a proposed business name with the MCA is crucial to ensure that no other companies or LLPs are operating with a similar or identical name. The MCA rules state that a proposed company name cannot be identical or similar to an existing company or LLP name. Failure to comply with this rule could lead to legal issues or trademark infringement suits.

To check if your proposed business name conflicts with existing trademarks, you can visit the Trademark Public Database. Enter the proposed name without the object clause and select an appropriate trademark class. The search tool will return a list of trademarks identical to the search term. However, the MCA officer has the final decision on whether the proposed name is similar to an existing trademark.

The article advises against using common names or words for a business, such as "Delhi," "Shah," "Global," or "Hindustan." This is because with nearly a lakh of companies being registered each year in India, it's challenging to get approval from the MCA for a business name that utilizes common words due to the high chances of another company already existing with a similar or identical name.

Choosing a self-descriptive name for a business, which includes keywords relating to the business in the name itself, can help the business rank higher in search engines. For example, a name like "IndiaFilings" or "IndiaProperty" conveys the nature of the business and would make it easier for people searching for those services to find the company in search results.

The article suggests that websites like babynamesdirect.com can be helpful for generating ideas for common names for a business. However, it's important to note that common names are generally not recommended unless there is a strong reason for using them.

Choosing a unique or invented name for a business provides the best chances of obtaining a trademark registration and trademark protection in the future. Since the name is unique and invented, it is less likely to conflict with existing trademarks or company names, making the registration process smoother.

Even if a proposed business name appears similar to an existing company name or trademark in the search tools, it is advisable to apply for name reservation with the MCA along with a few options. The MCA officer is the deciding authority on whether a name is similar to an existing company name or trademark, not the entrepreneur or the company incorporation advisor.

The article suggests using the Google Adwords Keyword Tool to find relevant keywords for a descriptive business name. This tool can help identify the terms people are searching for related to your business, which can be incorporated into a descriptive name to improve search engine rankings.

The article emphasizes that it's best for startups to stay away from legal or trademark infringement suits. Therefore, it recommends choosing a business name that is unique, stands out, and is invented. This can help avoid potential conflicts with existing company names or trademarks, which could lead to legal issues or complications down the line.