Rule 9 - Name is identical with another - Companies (Name Availability) Rules, 2011

Name is identical with another 09. In determining whether a proposed name is identical with another, the following shall be disregarded: (i) The words Private, Pvt, Pvt., (P), Limited, Ltd, Ltd., LLP, Limited Liability Partnership; (ii) The words appearing at the end of the names company, and company, co., co, corporation, corp, corpn, corp.; (iii) The plural version of any of the words appearing in the name; (iv) The type and case of letters, spacing between letters and punctuation marks; (v) Joining words together or separating the words does not make a name distinguishable from a name that uses the similar, separated or joined words; (vi) The use of a different tense or number of the same word does not distinguish one name from another; (vii) Using different phonetic spellings or spelling variations does not distinguish one name from another. For example, J.K. Industries limited is existing then J and K Industries or Jay Kay Industries or J n K Industries or J K Industries will not be allowed. Similarly if a name contains numeric character like 3, resemblance shall be checked with Three also; (viii) Misspelled words, whether intentionally misspelled or not, do not conflict with the similar, properly spelled words; (ix) The addition of an internet related designation, such as .COM, .NET, .EDU, .GOV, .ORG, .IN does not make a name distinguishable from another, even where (.) is written as dot ; (x) The addition of words like New, Modern, Nav, Shri, Sri, Shree, Sree, Om, Jai, Sai, The, etc. does not make a name distinguishable from an existing name such as New Bata Shoe Company, Nav Bharat Electronic etc. Similarly, if it is different from the name of the existing company only to the extent of adding the name of the place, the same shall not be allowed. For example, Unique Marbles Delhi Limited cannot be allowed if Unique Marbles Limited is already existing; Such names may be allowed only if no objection from the existing company by way of Board resolution is produced/ submitted; (xi) Different combination of the same words does not make a name distinguishable from an existing name, e.g., if there is a company in existence by the name of Builders and Contractors Limited , the name Contractors and Builders Limited should not be allowed; (xii) If the proposed name is an exact Hindi translation of the name of an existing company in English especially an existing company with a reputation, e.g., Hindustan Steel Industries Ltd. will not be allowed if there exists a company with name Hindustan Ispat Udyog Limited ;