• Using "India" in company name

Dear Sir,

I am planning to form a Partnership Firm and want to use "India" in the firm name, Like "XYZ India". Is it allowed? if yes, Can I register the company in Partnership Registration?

or please let me know if there are any rules to use "India" in Partnership or Pvt Ltd Companies. 

regards

Nitin Pujari
Asked 9 years ago in Business Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) A proposed name for a company should not be identical to that of an existing company or limited liability partnership name.

2) the central government has made Companies (Name Availability) Rules,

as per the rules no company is to be registered with undesirable name. A proposed name is considered to be undesirable if it is identical with or too nearly resembling

with:(i) Name of a company in existence;

3) the applicant shall be required to furnish a declaration to the effect that:

(i) he has used the search facilities available on the portal of the

Ministry of Corporate Affairs (MCA) i.e., www.mca.gov.in/MCA21 for

checking the resemblance of the proposed name(s) with the

companies and Limited Liability Partnerships (LLPs) already

registered or the names already approved.

4)the proposed name(s) is/are not in violation of the provisions

of Emblems and Names (Prevention of Improper Use) Act, 1950 as

amended from time to time;

5) he undertakes to be fully responsible for the consequences, in

case the name is subsequently found to be in contravention of the

prescribed guidelines

6) Hindustan, India, Indo, Indian, Bharat,Bharatvarsh, Bhartiya or any other

country’s name being first word of the name

authorised capital must be 2 crore

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

No, it is not allowed. Only in rare circumstances and in cases of public utility services such names are allowed.

You can refer to Indian Partnership Act on this regard.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

This is a subject to be dealt with in accordance with the intellectual property laws, a consultant in the field will be a better person to guide you properly in this aspect instead of getting opinions from irrelevant people, hope you understand the gravity and will choose the right step in this regard.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1. It is allowed.

2. If you register your partnership firm there is a fixed charge for registering it. If you use the name "India" then you will be charged more as usage of names like India, Global, World etc; attracts more spending. Similar is the case with companies.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer