03 August 2024
When applying for name approval for a new company, the Registrar of Companies (ROC) will ensure that the proposed name does not conflict with existing company names. Here’s how the approval process works and considerations for the names you provided:
### **Name Approval Criteria:**
1. **Similarity with Existing Names:** - The proposed name must be distinct and not deceptively similar to existing company names. The ROC checks for similarity in spelling, pronunciation, and meaning. - The names are typically reviewed within the same jurisdiction, but ROC considers all registered companies across India to avoid potential conflicts.
2. **Public vs. Private Limited:** - The suffix “Private Limited” or “Limited” is also checked to ensure there is no confusion between public and private limited companies.
3. **Regional Differences:** - The name must not only be unique but also not misleading or likely to confuse the public, even if it’s in a different state.
### **Evaluating Your Proposed Names:**
1. **Kaliber Enterprises Private Limited (Tamilnadu):** - **Existing Name:** Caliber Enterprises Private Limited (Maharashtra) - **Consideration:** Although the name is similar, the difference in spelling ("Kaliber" vs. "Caliber") may be seen as a distinction, but the ROC may still consider the similarity in pronunciation and potential for confusion.
2. **Caliber Enterprises Limited (Tamilnadu):** - **Existing Name:** Calibre Enterprises Limited (Rajasthan) - **Consideration:** The name is very similar to the existing one, with only a minor variation in spelling ("Caliber" vs. "Calibre"). This may still be considered too similar, and approval could be challenging.
3. **Caliber Industries Private Limited (Tamilnadu):** - **Existing Name:** Caliber Enterprises Private Limited (Maharashtra) - **Consideration:** The addition of "Industries" might make this name more distinct. However, ROC will consider the similarity in the base name "Caliber" and the existing name. The addition of “Industries” might be sufficient to differentiate the names but will still be reviewed for potential confusion.
### **General Advice:**
- **Check Name Availability:** Use the name availability tool provided by the Ministry of Corporate Affairs (MCA) on their website to get preliminary approval. - **Consider Variations:** If there is potential for confusion, consider additional variations or distinctiveness in the proposed name. - **Seek Professional Guidance:** Consulting with a company secretary or legal advisor can help ensure that your proposed name complies with all naming rules and avoids potential conflicts.
### **Steps to Follow:**
1. **Verify Name with MCA:** Use the MCA’s online tool to check the availability of your proposed names. 2. **Submit Application:** Submit the name application with the ROC, providing the proposed name and necessary documentation. 3. **Await ROC Review:** The ROC will review the name application and either approve it or request modifications if there are concerns about similarity.
By carefully selecting a name and ensuring it is sufficiently distinct from existing names, you can improve the chances of receiving approval for your new company’s name.