HOW TO CHECK AVAILABILITY OF COMPANY NAME

oday the difficulty which encompasses each startup in India is of giving a one of a kind name to their organization. Since there are visit cases whereby the name which they declare to give it is as of now being enlisted under the Companies Act, 2013 which suspends them for giving a similar name to their own particular organization. Accordingly there emerges an issue regarding what name should an organization have keeping in mind the end goal to get consolidated under the Companies Act, 2013 which is exceptional and not being prior enrolled before under the Act. This issue can be settled by way checking Availability of Company Name however before this there is a need to do an appropriate investigation of certain fundamental standards related with the issue which are as a rule thus alluded to alongside the issue being settled. 

I. Contrast BETWEEN COMPANY NAME AND A BRAND NAME 

The principle purpose of distinction between an organization name and a brand name is that 'organization' alludes to an association which is included assembling and showcasing of merchandise and enterprises while mark is the use of the picture of the organization on the item. In all actuality there are chances that it won't not cover each other for example Snapdeal is a brand name in online business industry however their organization or business name is "Jasper Infotech Private Limited" 

II. Fundamental TERMS WHICH ONE NEEDS TO KNOW WHILE SEARCHING FOR A COMPANY NAME 

• MCA-Ministry of Corporate Affairs, the service is especially worried about organization of Companies Act, 2013 

• LLP-Limited Liability Partnership, it is an organization in which a few or all accomplices (contingent upon the locale) have restricted liabilities in light of the capital contributed by them at the season of fuse of association. 

• ROC-Registrar of Companies, they are essential vested with the obligation of enrolling organizations and LLPs in the particular states and the Union Territories and guaranteeing that such organizations and LLPs consent to statutory necessities under the Act 

• CIN-Corporate Identification Number, it is a 21 digits alpha-numeric code/number issued to each organization consolidated in India when it gets enrolled by Registrar of Companies (ROC) situated in different conditions of India. 

III. Precautionary measures THAT NEED TO BE TAKEN AS PRESCRIBED UNDER COMPANIES (NAME AVALIBILITY) RULES, 2011 

There are different precautionary measures which are endorsed under the Companies (name accessibility) Rules, 2011 the substance of which is featured underneath 

• according to the arrangements of the tenets no organization is to be enrolled with a name which takes after with some other organization officially enlisted under the Companies Act 2013 or any trademark which is the subject of use or has been enlisted under the Trade Marks Act 1999. 

• That the candidate should seek offices accessible on the entryway of the Ministry of Corporate Affairs (MCA) 

• The name as proposed by the candidate ought not disregard any of the arrangements of Emblems and Names (Prevention of Improper Use) Act, 1950 

• The name as proposed by the candidate ought not be hostile to any segment of individuals nor should it contain any obscenity or words or expressions that are for the most part considered a slur against an ethnic gathering, religion, sexual orientation or heredity; 

IV. System FOR CHECKING AVAILABILITY OF A COMPANY NAME 

For checking the name of the organization effectively enrolled one needs to visit the site of service of corporate issues for which the connection is www.mca.gov.in, from that point a well ordered method should be taken after which is being featured by service of corporate undertakings and is being alluded beneath. 

• Click the MCA Services tab. The rundown of MCA Services is shown. 

• Under the Company Services, tap the Check Company Name menu. The Check Company or LLP Name page is shown. 

• In the Company or LLP Name field, enter the name to be sought. You can enter up to six names to be sought. To include another name, tap the Add More Names catch. A clear field is populated under the Company or LLP Name field. Enter a moment name that you need to look. Thus, you can mean six names to be sought by utilizing the Add More Names catch usefulness. 

• In the Activity Names field, enter the principle business of the organization or LLP to be sought. Some case of exercises are farming, development, back and so forth. Entering action limits the list items. 

• Click the Search catch. The organization/LLP names are shown with brief enlistment points of interest. 

V. Technique TO CHECK WHETHER COMPANY IS TRADEMARKED OR NOT 

• If Company name is accessible then one should checkout Indian Government Trademark Registration information which educates us regarding the brand name whether it is by and large officially enrolled or not. 

• For this reason one can check whether organization is trademarked or not from the official site of Ministry of Commerce and Industry, Department of Industrial Policy, Controller General of Patents Design &Trade Marks and the connection for which is http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx#. 

• There one can look through three alternatives predominantly wordmark, Vienna code and phonetic. 

• Apart from this there are forty five unique classes of trademark which are doled out numbers from 1 to 45 one can get to them by tapping on the alternative class points of interest on the previously mentioned interface. 

• Once it is being chosen as to which class no. ones products or administration have a place with he can undoubtedly look it by setting the class no. in class alternative as being featured in the above picture. 

• And in the long run if every one of the alternatives are being filled appropriately you will get the chose comes about. 

VI. CONCLUSION 

Subsequently this the procedure which every candidate ought to embrace while hunting down the accessibility of the organization name, while picking a name for the organization the candidate ought to dependably remember that it ought to be one of a kind and related to the topic of the business. Additionally it is fitting to all the sole proprietorship and organization firm to have a beware of the accessibility of name on the grounds that a circumstance may emerge in future where the organizations business is developing at an incredible pace and that time it should change over it into an organization however due to non-accessibility of the name it can endure a genuine mishap regarding his past altruism, mark and so forth. Along these lines it is perfect to check accessibility of organization name with the MCA and trademark database.