Company Name Search in India: Check MCA Availability, Trademark Risk and Reserve Your Name
By Startup Advisory & Corporate Compliance Team at LegalDev | Qualified Company
Secretaries, Chartered Accountants and Corporate Lawyers with 10+ years in startup
incorporation, MCA filings and IP/trademark protection in India.
A company name search in India has two halves, and most rejections and later disputes come from
doing only the first. The first half is the MCA’s own check, which tells you whether the
Registrar is likely to approve the name. The second is a trademark search, which tells you
whether someone else can stop you from using it. Once both pass, you reserve the name through
SPICe+ Part A (new company) or RUN (name change), which costs ₹1,000 per application and holds
the name for 20 days for a new company.
Reservation Fee (Company)
₹1,000 per Application
Reservation Validity (New Company)
20 Days
Names Per Application
Two, With One Resubmission
Key takeaways
MCA’s name check is free but only a screen. Registrar approval is a separate
decision.
MCA approval is not trademark clearance. A name can be approved and still infringe
a registered mark.
You can propose two names per application, with one resubmission if the first
attempt is rejected.
A reserved name lapses after 20 days (new company) or 60 days (existing company
changing its name), so keep documents ready before you apply.
MCA published draft changes to the name rules on 8 April 2026. Check whether they
have been finalised before you file.
How to check company name availability on the MCA portal
The MCA portal has a free service to check company and LLP names. It compares your proposed name
against the register of companies and LLPs and flags obvious conflicts. It does not reserve
anything, and it does not check trademarks, so a clean result is a good sign and not an
approval.
Use it this way:
1
Search the distinctive word first, for example the invented or coined part of the name,
without the descriptor or suffix. Conflicts usually sit in that word.
2
Search variations. The rules treat certain differences as irrelevant when comparing
names. Plurals, tenses, word order, punctuation and added words like “India” can all be
disregarded, so check each variant.
3
Check the entity type. A name free for a company may already be held by an LLP, and the
register covers both.
4
Note the result with a date. Availability changes daily as other applicants reserve
names.
5
Move to a trademark search before you pay for reservation.
Many third-party “availability checkers” exist. They are useful for a first filter, but the
Registrar’s screening and human review use the MCA’s own data, so rely on the MCA result for the
final call.
How to choose a private limited company name
A name that passes review usually has three parts: a distinctive word, a descriptor of the
business, and the mandatory ending.
| Entity |
Required ending |
| Private company |
Private Limited (Pvt. Ltd.) |
| One Person Company |
OPC Private Limited |
| Public company |
Limited |
| LLP |
LLP |
| Section 8 company |
Words such as Foundation, Forum, Association, Institute, Mission or Centre, per
the rules
|
Some rules of thumb we use with founders:
Lead with a coined or uncommon word. “Zephira Logistics Private
Limited” has a far better chance than “Best Logistics Private Limited”, because
generic words are the ones that collide.
Keep the descriptor honest. The name should not mislead about what
the company does, and it should sit comfortably with the objects clause in your MoA.
A name that says “Pharma” with objects about software draws questions.
Avoid words that imply government patronage. “State”, “National”
or “Government” attract objections unless the company qualifies.
Watch regulated words. “Bank”, “Insurance”, “Stock Exchange” and
“Mutual Fund” need approval from the relevant regulator before the Registrar will
accept them.
Say it aloud. Phonetic similarity is a practical risk. If two
names sound identical when spoken, expect friction, and the 2026 draft rules
reportedly list phonetic equivalence among the factors for comparison.
Check the digital side. Domain and social handles are not a legal
requirement, but a name you cannot use online is a business problem.
If you are choosing the structure at the same time, our guide to business setup in India
compares the four main options.
MCA naming guidelines: what the rules actually test
Name approval rests on Section 4 of the Companies Act, 2013 and Rules 8, 8A and 9 to 9A of the
Companies (Incorporation) Rules, 2014. In plain terms, a name is refused when it:
Is identical to, or too nearly resembles, an existing company or LLP name, after
the differences listed in Rule 8 are disregarded.
Is undesirable. Rule 8A covers names that are offensive, that suggest an
association the company does not have, that use prohibited words, or that conflict
with the Emblems and Names (Prevention of Improper Use) Act, 1950.
Conflicts with a trademark. A name identical to or resembling a registered
trademark, or one with a pending application, is generally refused unless the
applicant owns the mark or has the owner’s consent.
Uses a restricted word without approval, or a foreign country or city name without
documents showing a genuine collaboration.
Carries the wrong ending for the entity type.
What changed in 2026. On 8 April 2026, MCA issued a public notice with draft
Companies (Incorporation) Amendment Rules, 2026. For names, the draft proposes a simpler Rule 8
that spells out which factors count when comparing names, a substituted Rule 8A with clearer
treatment of trademark objections, and a proviso to Rule 9A allowing a reserved name to be
withdrawn before incorporation or name change. Comments were invited until 9 May 2026. We could
not confirm from public sources that the final rules have been notified, so check the MCA site
for the gazette notification before you assume the draft is in force. Summaries are available
from Vinod Kothari & Company and TaxGuru. Treat any piece that describes the draft as settled
law with caution.
Trademark search for company name: the check MCA does not do for you
Registering a company name gives you the right to be registered under that name. It does not
give you exclusive brand rights, and it does not stop a trademark owner from objecting. These
are separate regimes with separate consequences.
| Point |
MCA name approval |
Trademark registration |
| Authority |
Registrar of Companies |
Trade Marks Registry |
| What it secures |
Right to incorporate under that name |
Right to use the mark for specified goods or services
|
| Scope |
Company and LLP names on the register |
Specific classes, nationwide |
| Duration |
While the company exists |
10 years, renewable |
| Stops others from |
Registering an identical or too similar company name
|
Using a deceptively similar brand in trade |
How to run a trademark search before filing:
1
Search the public database of the Trade Marks Registry through the IP India portal.
2
Search by word and phonetic variants. Try spelling changes, added letters and
transliterations.
3
Match the class. A mark in an unrelated class carries less risk than one in your own
field, but a famous mark is protected more broadly.
4
Look for pending applications, not only registered marks. The rules treat both as
conflicts.
5
Decide on filing a trademark application alongside the company registration. Government
fees for e-filing are lower for individuals, startups and small enterprises than for
others, but check the current fee schedule before budgeting.
Why do this early? In our view, a trademark conflict discovered after incorporation costs more
than any other naming mistake: a cease-and-desist letter, a forced name change under Section 13,
or a Central Government direction under Section 16 if the name was registered in error. We read
Section 16 as allowing such a direction within five years of registration, so the risk does not
disappear after approval. Our trademark registration service handles searches and filings
together with incorporation.
RUN form and SPICe+ Part A: reserving the name
Which route you take depends on whether the company already exists.
| Route |
Used for |
Fee |
Names |
Validity |
| SPICe+ Part A |
New company |
₹1,000 |
Up to 2, with one resubmission |
20 days from approval |
| RUN (company) |
Existing company changing its name |
₹1,000 |
Up to 2, with one resubmission |
60 days from approval |
| RUN-LLP or FiLLiP |
New LLP |
₹200 |
Up to 2 |
3 months |
Confirm the fee and validity on the MCA portal on the day you file, since fees are revised and
sources describe the Part A fee differently.
Steps for a new company:
1
File SPICe+ Part A with your two names in order of preference, and the main objects of
the business.
2
Add supporting documents where needed, such as trademark consent or regulator approval
for restricted words.
3
Track status on the portal. Part A decisions commonly arrive within one to three working
days, and RUN within two to five, according to practitioner reports. We cannot promise a
date because the review is the Registrar’s.
4
On approval, file SPICe+ Part B within the validity window. If the window lapses, the
name returns to the pool and you reapply with a fresh fee.
5
Keep the approval letter on file. It is your proof of reservation.
If the company is changing its name, the sequence is RUN, then a board and shareholder
resolution, then the name change filing. Our page on company name change in India covers the
resolution and public notice steps.
Rejection reasons for MCA company names and how to fix them
| Reason |
What it means |
Fix |
| Too nearly resembles an existing name |
Identical once plurals, tenses, word order, punctuation or similar differences
are ignored
|
Change the distinctive word, not just the descriptor
|
| Trademark conflict |
Resembles a registered or pending trademark |
Choose a new name, or get the owner’s written consent
|
| Undesirable name |
Offensive, misleading or implying patronage |
Remove the word; drop government-sounding terms |
| Restricted word |
Regulated term used without approval |
Obtain regulator approval first, or avoid the word |
| Mismatch with objects |
Name suggests an activity the MoA does not support |
Align name and objects, or change one of them |
| Wrong ending |
Suffix does not match the entity type |
Use Private Limited, OPC Private Limited, Limited or LLP as applicable
|
| Foreign place name |
Country or city name without collaboration proof |
Provide documents or drop the word |
A rejection does not end the application. You get one resubmission, so use it to change the
distinctive word and not to tweak punctuation. Because the reservation clock only starts on
approval, a rejection does not cost you validity days, but it does cost time you may not have if
a client is waiting.
How LegalDev handles company name approval
Our team of Company Secretaries, Chartered Accountants and Corporate Lawyers has worked for more
than ten years on startup incorporation, MCA filings and IP and trademark protection in India.
We treat the name as both a regulatory and an IP decision, and we check it in that order of
risk.
What you get:
Name shortlist and screening against the MCA register, including variants the rules
treat as identical
Trademark search across relevant classes, with a plain-language risk note
Objects alignment so the name and MoA agree
Filing of SPICe+ Part A, RUN or RUN-LLP, with the resubmission strategy planned in
advance
Approvals and consents where restricted words or trademark owners are
involved
Next steps: incorporation through our private limited company registration or LLP
registration service, and trademark filing
We will tell you when a name is too risky even if the MCA might approve it, and we cannot
guarantee approval of any name. If you have two or three candidate names and a description of
the business, talk to our startup team and we will come back with a screening result.
Official references: the MCA portal for name services and notifications, India Code for the
Companies Act, 2013, and the IP India portal for trademark searches.
Frequently Asked Questions (FAQs)
Use the free MCA service to check company and LLP names, search the distinctive word
and its variants, then run a trademark search. Reserve the name through SPICe+ Part
A or RUN.
No. The search only screens your name. Approval comes from the Registrar after you
file SPICe+ Part A or RUN.
₹1,000 per application for a company through SPICe+ Part A or RUN, and ₹200 for an
LLP name. Confirm the current fee on the MCA portal.
Twenty days for a new company and 60 days for an existing company changing its name.
A reserved LLP name is valid for three months.
Two names per application, with one resubmission if the application is rejected.
No. Name approval is not trademark registration. A trademark owner can still object,
so search and consider filing a trademark.
Only with prior approval from the relevant regulator. Without it, the Registrar will
refuse the name.
The 2026 draft rules propose a withdrawal mechanism under Rule 9A. Check whether it
has been notified before relying on it.