Shakespeare said, "what's there is a name"? Well, it means a lot in the industry. The name of your firm is the first and new start to determine when you start a business and it has to be wisely selected because it will be your company's face for the time to come. Particularly for a small business, choosing the right name can have a direct effect on growth or failure. The name should be such that the value, expertise, and uniqueness of the service and product that you offer is displayed.
Deciding a good name for the business at the same place is vitally critical and difficult. There are also other aspects that need to be reviewed and tested before a name for your company is finalised. The name you agree must be cross-checked against the existence of a domain, the corporate affairs ministry and the register of trademarks. These bodies are responsible for checking whether any other firm with a similar title exists. We share some best practices to help you choose a name for your business.
Choosing business name
The first step is to create a list of possible names when selecting a name for the company. Don't think about only one or two, study and build a list of alternative names from which to pick. A good practice is to avoid famous and generic names such as Global, Hindustan, state name, etc. because these have more chances of already existing. Business Name forms can be into three categories:
Common names: Common names are based on common nouns, including a person's name or common words. Approximately one lakh company is registered per year in India, and common names are difficult to get accepted as there are high chances of these common names already being in existence. In search results also companies with common names are likely to be ranked lower. Hence common names are usually least suggested unless you are associated with a very strong reason. Suyash Infotech Private limited, Ginger technology and the likes are some examples of companies with common names.
Unique Names: There are many benefits of choosing a specific name. Invented or self-made names are more likely to be remembered, and their domain address is easier to find. Unique names are perfect for identifying brands and trademarks. With such invented names, the registration and protection of trademarks become simple. Zomato represents a good example of a unique brand name.
Descriptive names: Businesses also have certain names that reflect the nature of the company themselves, and such names are referred to as descriptive names. It is a great idea to convey the nature of the business by name, it also ranks the company higher in search engines since people mostly describe what they want to search for. Their quest will act as keywords and as a result, your company is highly likely to pop up.
Check availability of name with MCA
Corporate Affairs Ministry has a search tool where you can find whether or not any organization with a similar name already exists. Within the method, you can fill in the operation area with the company name and the object part of the company name. If any exists, the tool will return a list of companies with the same name. Nonetheless, the method verifies against the database, the final decision is taken by the MCA officer who ensures that the name proposed is not identical with any other company that exists.
Check against the database of trademarks
The proposed business name or LLP is cross-checked against the trademark database, under the Companies Act 2013. This is to ensure there is no misconduct existing. MCA offers a trademark verification tool; without the object component, you can enter the proposed name and select the correct trademark class. The device will return names identical to, or the same. Also, even though the tool does not return an equivalent trademark, the final decision is in the hands of the official MCA who approves the name reservation application.
Judgment of MCA
Entrepreneurs considering a name for their company are often uncertain about whether to apply for name reservation with MCA even after using the naming availability and trademark cross-verification methods. Applying for the name reservation with MCA is advised to stay away from legal or trademark infringement suits. In addition, new startups should prefer unique and creative names invented to avoid any such conflict.
