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Is it illegal to have the same name as another company?


Is it illegal to have the same name as another company?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

Can I use a similar business name?

A business name generally can be protected as a trademark under federal and state trademark law. As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

How much does it cost to reserve a company name?

Reserving a company name is the first step to incorporating a new company on the Companies Register. Before you apply to reserve a name, you’ll need to make sure it’s available, and that it meets our criteria for a suitable name. There is a fee of $10 (plus GST) for reserving a company name.

How do you reserve a business name?

Process to reserve company name

  1. Login to MCA portal. The name application can be filed only by a registered user of MCA.
  2. Documentation. It is not mandatory to attach any document along with the application to reserve company name.
  3. Filing of web-based application.
  4. Payment of government fees.
  5. Approval or resubmission of name.

Is DSC is mandatory for name reservation application?

Ans. No requirement of DSC but you will be able to apply for name reservation only after login and there is also one restriction that SPICe form, INC-12 and INC-24 will be uploaded using same ID. Ans. Following information is required to be submitted while submitted application for name reservation using ‘RUN’.

Who approves the name of a company?

Registrar of Companies (Ministry of Corporate Affairs) approves the proposed name, a letter stating the acceptance of the proposed name is issued.

Which companies are exempted to add Ltd or Pvt Ltd at the end of their name?

Which companies are exempted to add “Ltd” or “Pvt Ltd” at the end of their name?

  • Private.
  • Govt.
  • Defunct.
  • Association not for profits.

How many names are permitted in Part A of E form SPICe+?

Ans: Two names can be proposed in case application is being made ONLY for name reservation i.e. if SPICe+ Part A is submitted individually. In case complete SPICe+ is being submitted for name reservation as well as incorporation, only one name can be proposed.

How many names are permitted in Part A of E form SPICe +?

Only one name can be filed under INC 32 form. However, if you need to file more than one name, then you may file INC 1 before SPICe form. 6 Names can be filed under INC- 1 form.

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How many times SPICe form can be submitted?

Note: In all the above mentioned cases, the maximum number of subscribers allowed shall be 7 for filing of SPICe+ form….

S. No. Scenario Forms Filed
7 Foreign National being Subscriber-cum-Director not having valid DIN SPICe+ (INC-32) with apostillised MOA and apostillised AOA as attachments.

Is Dir 2 mandatory in SPICe+?

After approval of name or for Incorporation of Company applicant have to prepare the following below mentioned Documents; DIR-2 consent to act as Director along with Copy of Proof of Identity and residential address. Proposed company E-mail id and Phone No is also mandatory required.

How do I resubmit SPICe+?

declarations and click on pre- scrutiny. Once pre-scrutiny is successful, click on submit button. successfully, user will get a confirmation message. Association (eMoA) which is a Charter of the company can be filed as a linked form to SPICe+.

How do you reduce the size of SPICe form?


  1. Open any PDF file and click on edit, or. Right click any PDF file.
  2. Select Edit > Preferences. The Preferences window is displayed.
  3. Select Category: Signature.
  4. Click “More” button under the Creation & Appearance section.
  5. Uncheck “Include signature’s revocation status” option.

Can we download MOA and AOA from MCA?

You can obtain MOA & AOA by inspection of that company through MCA portal and download the PDF copy of the same.

How can I change my SPICe MOA?

17 March 2018 Hold the General meeting and pass the ordinary resolution for alteration of Share capital of the Company. File SH7 along with the following documents. Altered copy of MOA – the capital Clause Clause V needs to be altered. The Altered capital is replaced and pasted with new capital.

Can MOA be amended?

There are various situations under which MOA / AOA needs to be altered. A company has to call EGM and pass a special resolution to alter MOA / AOA in accordance with Section 13 of the Companies Act 2013.

Can we alter MOA?

Q. Can the MoA and AoA be altered in the same meeting? Yes, it is possible to call one meeting to alter both the Memorandum of Association and Articles of Association of a company.

How do I change the capital clause in MOA?

STEP- IV: Hold General Meeting: (Section 101)

  1. Check the Quorum.
  2. Check whether auditor is present, if not. Then Leave of absence is Granted or Not. (As per Section- 146).
  3. Pass Special Resolution.[Section-114(2)]
  4. Approval of Alteration in MOA and AOA.
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How can share capital be increased?

The members of the company anytime during the tenure of the company may increase or decrease the capital of the company. The company can increase its paid-up capital by issuing shares either to an existing shareholder or to any other person whether it is a public limited company or it is a private limited company.

How can Authorised share capital be increased?

At the Board Meeting, obtain approval from the Board of Directors for increasing authorised share capital. Then fix a date, time and place for conducting an Extra-Ordinary General meeting to obtain approval of shareholders for the increase of authorised share capital and making changes to the MOA of the company.

How many clauses are there in memorandum of association?

6 Clauses