Name is very essential and important thing for any business or startup. There are a lot of the entrepreneurs in India which are confused about the choose the right company name for their startup. So let’s learn some legal and technical aspects before choose your company name.
First of all, let’s clear 2 things about the company and brand name –
When company name or brand name Can Not Be Same –
There are a lot of the venture which are running multiple brand names under one company. For e.g. – naukri.com is a brand name but their company name is info edge. So you have to always choose your company name different apart from the brand name so you can run multiple business or venture or brands under one official company.
When Company Name or Brand Name Can Be Same –
Sometimes you have big dreams and you run the one brand name with the same company name & on later stage its become big. For ex – Flipkart is brand name but their company name is Flipkart internet private limited.
Legal aspects of choosing the company name –
Before choosing any company name or brand name you have to must check out legal aspect like its has been already registered or not. So there is 2 main legal aspect regarding the name availability –
Trademark is very important thing for a brand name. Recently many times leading brands like Flipkart send the legal notice to bloggers to infringing their trademark and logo. So always remember you have to must checkout before choose any brand or company name that its has been already registered as a trademark or not. So let’s learn quickly how you can search about the trademark in an easy way with the government.
Step 1 – First of all choose the particular class of the trademark. There is 48 class of the trademark so you have to identify the particular class which is related to your business. You can use this website tool which is very helpful to identify the right class.
Step 2 – Go to this official trademark search index page.
Step 3 – Just input your brand name and class in trademark index section & get the details.
If your brand name is similar or already registered as a trademark then the best thing just change your brand name immediately to avoid any legal hurdles in future.
Company Name Search –
After the trademark search you have to search for the company name availability with the government. Here company names mean about the private limited company or LLP or one person company legal entity names during the Company Registration. Sole proprietorship firm or partnership firms are not covered regarding the name availability. You have to always consider the company name availability through the mca website. So let’s learn quickly how to search company name.
Step 2- Input your company name. For ex – Flipkart technologies or services etc and get details.
Tip : If you register a proprietorship firm then you can go always with the trademark registration to secure your brand name even during the conversion(firm to a company) in future you can get easily the same brand name for your company.
Technical aspects of choosing the right name –
Most startups are internet related and which have the most important property is the domain name and website or any app. You have to always find the domain name before choosing your company name. Sometimes most popular TLD domain like .Com is not available but you can choose a domain name where most of the popular old domain is available. So Let’s quickly learn how to choose the domain name.
Instant domain search – you can use this tool to search any domain name instantly and booked the domain via GoDaddy or your another favorite domain registrar.
Leandomain search – you can use this tool to search the great domains names by combine some words.
You have to always one point keep in mind that after the choose the domain name must checkout the same name on the trademark and company search. Its being helpful for the future in terms of your goodwill and protected your IP rights.
So above are the most important legal and technical aspects which you have to consider before choosing your brand name or Company Name.
Above article is contributed by Devyash Patel who is Founder at MyOnlineCA which made legal at your fingertips from Register a Company in India to handling legal documentation.
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