Last reviewed: 25 September 2026. Name rejections feel arbitrary until you read the rules the examiner applies: identical or too-nearly-resembling existing names, conflicts with registered trademarks, restricted words used without approval, and descriptors too generic to distinguish. Here is how the tests actually work and how to pick names that pass on the first submission.
The four tests your name must survive
The legal base is section 4(2) of the Companies Act, 2013 (no identical or undesirable names), read with Rules 8, 8A and 8B of the Companies (Incorporation) Rules, 2014.
| Test | What kills names here | How to pass |
|---|---|---|
| Identical/resembling (s.4(2); Rule 8) | Existing company/LLP names that match once fillers (Pvt, India, plurals, punctuation) are stripped | Search MCA for the STRIPPED core word, not your full string |
| Trademark conflict (Rule 8A) | Registered/applied marks in similar classes | Run a trademark search alongside the MCA search — the examiner does |
| Restricted words (Rule 8B and sectoral rules) | Bank, Exchange, Insurance, Stock, and similar regulated terms without approvals; Board/Commission/national-emblem words | Avoid, or obtain the sectoral approval first |
| Descriptiveness / undesirable (Rule 8A) | Purely generic strings (e.g., a plain activity + city) | Add a distinctive coined element — coined words clear fastest |
The stripping game (why “different” names are “identical”)
- Type/status words are ignored: Private, Limited, LLP, India, New, Modern…
- Plurals, spacing, punctuation and minor spelling shifts do not create distinction
- Translations/transliterations of an existing name are treated as resembling
Reservation: validity, resubmission and fee
- Fee: ₹1,000 for a name application through RUN.
- Resubmission: one resubmission within 15 days to rectify defects (Rule 9). A second rejection means a fresh application and a fresh fee.
- Validity: 20 days from approval for a new company (RUN or SPICe+ Part A); 60 days for a change of name. For a new company the Registrar can extend to 40 or 60 days on payment of additional fees.
- Struck-off names: the name of a company struck off under section 248 is not allowed until twenty years from the Gazette publication; a company dissolved in liquidation blocks the name for two years.
Playbook for a first-pass approval
- Coin the lead word (two fused syllables beat dictionary words)
- Search MCA and the trademark registry for the coined core
- Keep the activity word accurate to your objects — mismatch invites questions
- File two genuinely different options, not one name in two costumes
- If a trademark is your future, file the TM application in parallel
Indian subsidiary of a foreign group using the group name
When an Indian subsidiary takes the name of its foreign parent, the examiner expects to see the parent's consent: a board resolution or no-objection letter from the foreign holding company, and evidence of the group's trademark or brand ownership. Keep these ready before filing RUN or SPICe+ Part A. For the accounting, CFO and FEMA side of running a foreign-owned Indian company after incorporation, see our foreign subsidiary accounting and FEMA service.
Frequently asked questions
RUN or SPICe+ Part A — where should I test names?
Both routes apply the same rules; reserving via Part A inside the incorporation flow is common. What matters is doing the stripped-core searches BEFORE paying for either.
A similar name exists but is inactive/struck off. Can I take it?
Not quickly. The name of a company struck off under section 248 is not allowed until twenty years from the Official Gazette publication of the strike-off, and the name of a company dissolved in liquidation is blocked for two years from dissolution. Resemblance tests still apply after that.
Can I use my own surname in the company name?
Generally yes — personal names are a classic route to distinctiveness, subject to the other tests (and to another person’s trademark in the same field).
The examiner cited a trademark I have never heard of. Recourse?
You can contest with evidence (different class/field, your prior use) on resubmission — or choose the faster war: a new coined name. Pick battles by calendar value.
Does name approval give me trademark rights?
No — company name and trademark are separate regimes. Clearing MCA does not stop a TM owner objecting later; that is why the parallel TM filing is the professional habit.
How many resubmission chances do I get?
Rule 9 allows the web form to be resubmitted once, within 15 days, to rectify defects. If it is rejected again you file a fresh application and pay the fee again — so make the resubmission a genuinely new option.
Is there a way to “reserve” a name long before incorporating?
No. An approved name is held for 20 days from approval for a new company (60 days for a change of name). For a new company the Registrar can extend this to 40 or 60 days on payment of additional fees. Align name work with a real incorporation calendar.
My rejected name is my established brand. What now?
Evidence of your prior use/registration of the brand (especially a TM) argued on resubmission is the honest route — and where an obstructing mark is dead weight, TM-side action first, MCA second.
We run the stripped-core and trademark searches, shortlist names against the actual tests, and file the reservation with derivation notes that address the examiner's usual objections.
Company RegistrationTrademark AdvisoryRequest a Scope DiscussionThis article is a general educational summary as on 25 September 2026 and is not professional advice or an assurance of any approval, registration or outcome — departmental decisions rest with the authorities on each case’s facts. Requirements change; verify current rules or discuss your specific case before acting.