Name Reservation issue.. WHY IS MCA REJECTING NAME. How to get the desired name

[HEMANT k]

We had made an application (3 TIMES) in SPICE+ Part A service for name for registration of Private Limited Company on MCA Portal for which resubmission was asked and then rejected.

We had earlier applied for  name say  ABC STEEL & ALLOYS PRIVATE LIMITED vide  SRN  in December 2025 and it was approved but due to non arrangement of required documents like utility bill, director kyc document etc that application was dropped. 

Then after some time in April 2026 we again applied the name  ABC STEEL & ALLOYS PRIVATE LIMITED , wherein the application was rejected saying that -  The proposed name(s) is/are resemble(s) too nearly an existing name xxxxxx STEEL ALLOYS PRIVATE LIMITED  which is for the time being reserved vide SRN AC0000000. Hence, it is undesirable as per Rule 8A(1)(e) of Companies (Incorporation) Fifth Amendment Rules, 2019. Kindly add suitable prefix/suffix to the proposed name to make it unique OR apply after expiry of the said SRN."" ". In this remarks we were clearly asked to add suitable prefix/suffix to the proposed name to make it unique. 

So in May 2026 we changed the name and applied again by adding suitable words  ABC STEEL FERRO ALLOYS PRIVATE LIMITED  OR 2) ABC STEEL FERRO ALLOYS & METAL PRIVATE LIMITED  as preference 

And this time our application was rejected saying that 1. The proposed name(s) include(s) the word(s) ""ABC"" which is/are a registered trademark under Class xx, Application No. 0000000 and is/are undesirable as per Rule 8A(1)(b) of Companies (Incorporation) Fifth Amendment Rules, 2019. NOC, as applicable, to be provided with duly affixed digital signature (by clicking on digital signature properties must be shown) of the TM holder / Applicant, further in case of TM holder is body corporate, then NOC shall be provided on its official Letterhead with duly affixed digital signature of the authorised signatory of the body corporate. (Note: Ensure that the attached Trademark NOC must contain the Application NO. and Class NO.) 2. The proposed name(s) ""ABC STEEL & ALLOYS PRIVATE LIMITED"" is/are resemble(s) too nearly an existing TM. 

On searching we found that TradeMark is allotted somewhat in year 2014 to a proprietor and is registered for Washing Powder. whereas my clients will deal in steel, iron and other alloy metals. 

my query is when it is clearly evident that both TM and the applied name are dealing in different products then why is the MCA rejecting the names or asking for resubmission.

Had there been the  similar resemblance criteria of TM then why and how did the MCA authorities alloted the name in December 2025 and in the application made in May 2026 this TM issue has cropped up as reason for rejection . 

How to get the desired name.  Pls guide.

[Arun Kumar Maitra]

Why MCA Rejected the Name (Despite Different Industries)

• Rule 8A(1)(b) Strictness: The Companies (Incorporation) Rules state a name is undesirable if it contains a registered trademark, unless you have consent [1].
• Automated Keyword Flags: The MCA system flags identical keywords (like "ABC") against the Trademark registry automatically, regardless of the goods classification.
• Proprietor vs. Company: Even though the TM is for washing powder, the MCA scrutinizer erred on the side of caution to prevent potential future intellectual property disputes.

Why It Was Approved in December But Rejected Now

• Different Scrutinizers: Different MCA central processing officials review applications daily. The December official likely applied commercial sense regarding the distinct industries, while the May official strictly followed the trademark keyword match.
• Database Updates: The integration between the IP India trademark database and the MCA portal frequently updates, triggering stricter automated keyword blocks over time.
• Altered Name String: By changing the name to include "FERRO", the automated search algorithm ran a fresh query, catching a trademark conflict that the previous manual checker may have overlooked.

How to Get the Desired Name

You have two primary routes to get this name approved.

Option 1: File fresh SPICe+ Part A with a Trademark NOC (Recommended)

Since you know the trademark belongs to a proprietor for washing powder, obtaining a No Objection Certificate (NOC) is the cleanest solution.

• Contact the TM Owner: Locate the proprietor of the "ABC" trademark using the IP India website details.
• Draft an NOC: Prepare a simple NOC stating they have no objection to you using "ABC" for a steel and alloys company.
• Format Correctly: Ensure the NOC explicitly mentions their TM Application Number and Class Number [1].
• Digital Signature: Have the proprietor digitally sign (DSC) the PDF copy, as the MCA rejection explicitly mandated verifiable digital signature properties [1].

Option 2: Apply with a Strongly Differentiated Name

If contacting the TM owner is impossible, you must bypass the automated keyword flag.

• Change the Prefix: Add a descriptive or geographical prefix before "ABC" (e.g., SHREE ABC Steel Alloys or KOLKATA ABC Steel Alloys).
• Submit a Clarification: In the remarks section of the new SPICe+ Part A application, explicitly state: "The trademark 'ABC' under Class XX is registered for washing powder, whereas the applicant is engaged strictly in the business of steel and alloys. There is no overlap or deception."
• CA CS ARUN UMAR MAITRA

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[Rupesh Mahadeshwar]

In our view, there is no need to change the proposed name at present. Proper clarification may be submitted explaining that the existing trademark is registered under different class/category and therefore the proposed name does not create conflict or infringement.

Practically, CRC does not provide any direct higher authority mechanism or proper platform to explain the matter in detail. The approval system is entirely discretionary and many times applications are approved or rejected inconsistently.

Accordingly, we may either:

1. Apply again with detailed clarification and justification regarding trademark being in different category/class; or
2. Manage follow-up through Noida office channel for better coordination and approval process.

To view this discussion visit https://groups.google.com/d/msgid/gyan-gurukul-cs-divesh-goyal/CA%2Ber3hjRKqPiCBv7iu9Av3wgQPeaPBYjAvzuN4_QGgkH8OZOfw%40mail.gmail.com.

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Regards,

CS Rupesh Mahadeshwar
R Mahadeshwar & Co.
B.Com, LLB, ACS
Mo. No +91 95-276-34569
Land Line: 022 2678 7860
E:  rup...@csrmac.com

Web : www.csrmac.com

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