ROC had updated the name rules for applying the name for the company or LLP.

These new name rules are called Companies (Incorporation) Fifth Amendment Rules, 2019.

MINISTRY OF CORPORATE AFFAIRS had updated RULE 8 in the Companies (Incorporation) Rules, 2014

Names which look a lot like too nearly with the name of an existing company. -

 Rule 8(1)

 A name applied by the company shall be deemed to resemble too nearly with the name of an existing company, if, and only if, after comparing the name applied for with the name of an existing company by disregarding the matters set out in sub-rule (2), the names are same.

 Rule 8(2)

 The following matters are to be disregarded while comparing the names under sub-rule (1):-

1.  The words like Private, Pvt, Pvt., (P), OPC Pvt. Ltd., IFSC Limited, IFSC Pvt. Limited, Producer Limited, Limited, Unlimited, Ltd, Ltd., LLP, Limited Liability Partnership, company, and company, & co, & co., co., co, corporation, corp, corpn, corp or group;

Name existed	Name applied for	Same or Not
XYZ Limited	XYZ Ltd.	Same
XYZ Private Limited	XYZ Pvt. Limited	Same

  

• the plural or singular form of words in the name;

Name existed	Name applied for	Same or Not	Reason
Blue Consultancy Limited	Blues consultancy limited	Same	Plural or singular will not make name different
SM Computer Limited	SMS Computer limited	NOT Same	It’s not a case of plural; it changes the whole identity of the company

• type and case of letters, the spacing between letters, punctuation marks and special characters used in the name;

Name existed	Name applied for	Same or Not
XYZ Limited	X Y Z Limited	Same
XYZ Limited	X.Y.Z. Limited	Same

• use of different tenses in the name;

Name existed	Name applied for	Same or Not
Dominant Limited	Dominating Limited	Same
Speak English Limited	Spoken English Limited	Same

  

• use of different phonetic spellings including use of misspelled words of an expression;

Name existed	Name applied for	Same or Not
AXE GEE Limited	XG Limited	Same
Kodak Limited	Codak Limited	Same

• use of host names such as ‘www’ or a domain extension such as ‘net’, ‘org’, ‘dot’ or ‘com’ in the name;

Name existed	Name applied for	Same or Not
Cab India Private Limited	Cab.com India Private Limited	Same
Supreme Ultra Solutions Ltd.	Ultrasolutions.com Ltd	Not the same

• the order of words in the names;

Name existed	Name applied for	Same or Not
Ankit Technology and Consultancy Limited	Ankit Consultancy and Technology Limited	Same
Ankit Technology and Consultancy Limited	Ankit Arora Technology and Consultancy Limited	Not the same

• use of the definite or indefinite article in the name;

Name existed	Name applied for	Same or Not
Cab India Private Limited	The Cab India Private Limited	Same
Supreme Ultra Solutions Ltd.	A Supreme Ultra Solutions Ltd.	Same

• a slight variation in the spelling of the two names including a grammatical variation thereof;

Name existed	Name applied for	Same or Not
Cab India Private Limited	Ceb India Private Limited	Same
Supreme Ultra Solutions Ltd.	Suprim Ultra Solutions Ltd.	Same

• complete translation or transliteration, and not part thereof, of an existing name, in Hindi or English;

Name existed	Name applied for	Same or Not
National Electricity Corporation Limited	Rashtriya Vidyut Nigam Limited	Same
Supreme Ultra Solutions Ltd.	A Supreme Ultra Solutions Ltd.	Same

• addition of the name of a place to an existing name, which does not contain the name of any place;

Name existed	Name applied for	Same or Not
Cab Private Limited	Cab Delhi Limited	Same
Cab Delhi Private Limited	Cab Haryana Limited	Not Same

• addition, deletion, or modification of numerals or expressions denoting numerals in an existing name, unless the numeral represents any brand;

Name existed	Name applied for	Same or Not
Cab Private 11 Limited	Cab Private Limited	Same
Cab Private Limited	Cab 11 Private Limited	Same
One 11 Power limited	One Power Limited	Same (if one 11 is the brand)

The name which is prohibited by The Ministry of Corporate Affairs:

1. If it is prohibited under the provisions of section 3 of the Emblems and Names (Prevention and Improper Use) Act;
2. If already trademark existed as per section 35 of the Trade Marks Act, 1999
3. If any name includes any word or words which are offensive to any section of the people;
4. If the proposed name is identical with or too nearly resembles the name of a limited liability partnership:
5. If the proposed name is identical with or too nearly resembles with a name which is for the time being reserved by rule 9:
6. Provided that the provisions of rule 8 shall apply mutatis mutandis while determining whether a proposed name is too nearly resembling with a reserved name;
7. If the company’s main business is financing, leasing, chit fund, investments, securities or a combination thereof, but the proposed name is not indicative of such related financial activities, viz., Chit Fund or Investment or Loan, etc.;
8. If the proposed name contains the words ‘British India’;
9. If the proposed name implies association or connection with an embassy or consulate of a foreign government;
10. If the company is struck off then before the expiry of twenty years.
11. The proposed name include words such as ‘Insurance’, ‘Bank’, ‘Stock Exchange’, ‘Venture Capital’, ‘Asset Management’, ‘Nidhi’, ‘Mutual Fund’, etc., unless a declaration is submitted by the applicant that the requirements mandated by the respective regulator, such as IRDA, RBI, SEBI, MCA, etc. have been complied with by the applicant;
12. The proposed name includes the word "State", in case the company is not a Government company;
13. If the proposed name is containing only the name of a continent, country, State, a city such as Asia limited, Germany Limited, Haryana Limited or Mysore Limited;
14. the company’s name is indicative of activities financing, leasing, chit fund, investments, securities or combination thereof, but the company’s main business is not related to such activities;
15. it resembles closely the popular or abbreviated description of an existing company or limited liability partnership (LLP);
16. the proposed name is identical with or too nearly resembles the name of a company or limited liability partnership incorporated outside India and reserved by such company or limited liability partnership with the Registrar:
i. Provided that if a foreign company is incorporating its subsidiary company in India, then the original name of the holding company as it is may be allowed with the addition of word India or name of any Indian State or city, if otherwise available:
ii. Provided further that provisions of rule 8 shall apply mutatis mutandis while determining whether a proposed name is too nearly resembling the name of a company or limited liability partnership incorporated outside India;
17. any part of the proposed name includes the words indicative of a separate type of business constitution or legal person or any connotation thereof, e.g. co-operative, sehkari, trust, LLP, partnership, society, proprietor, HUF, firm, Inc., PLC, GmbH, SA, PTE, Sdn, AG, etc.;
Explanation.- For this clause, it is at this moment clarified that the name including phrase ‘Electoral Trust’ may be allowed for registration of companies to be formed under section 8 of the Act, by the Electoral Trusts Scheme, 2013 notified by the Central Board of Direct Taxes (CBDT):
Provided that name application is accompanied with an affidavit to the effect that the name to be obtained shall be only for registration of companies under the said Electoral Trust Scheme as notified by the Central Board of Direct Taxes.

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