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Microlesson · 5-min read

Name Resemblance Rules (Rule 8 of Companies (Incorporation) Rules)

# When Does a Name 'Resemble' Another?

This is a high-frequency MCQ topic. The rules specify eleven situations where two names are deemed to resemble each other (i.e., the second name cannot be allotted).

## The 11 Rules

### Rule (a) - Plural / Singular

Difference of plural or singular form alone makes names identical.

  • Green Technology Ltd = Greens Technology Ltd = Greens Technologies Ltd

### Rule (b) - Letter Case, Spacing, Punctuation

  • ABC Ltd = A.B.C. Ltd = A B C Ltd

### Rule (c) - Different Tenses

  • Ascend Solutions Ltd = Ascended Solutions Ltd = Ascending Solutions Ltd

### Rule (d) - Slight Spelling Variation / Grammatical Variation

  • Disc Solutions Ltd = Disk Solutions Ltd
  • BUT Disc Solutions LtdDisco Solutions Ltd (different word entirely)

### Rule (e) - Phonetic / Misspelled Variants

  • Bee Kay Ltd = BK Ltd = Be Kay Ltd = B Kay Ltd = Bee K Ltd = B.K. Ltd = Beee Kay Ltd

### Rule (f) - Translation / Transliteration (complete only)

  • National Electricity Corporation Ltd = Rashtriya Vidyut Nigam Ltd
  • (Partial translation does NOT make names resembling.)

### Rule (g) - Host Name / Domain Extension

  • Ultra Solutions Ltd = Ultrasolutions.com Ltd
  • BUT Supreme Ultra Solutions LtdUltrasolutions.com Ltd (extra word breaks resemblance)

### Rule (h) - Different Order of Words

  • Ravi Builders and Contractors Ltd = Ravi Contractors and Builders Ltd

### Rule (i) - Definite / Indefinite Article

  • Congenial Tours Ltd = A Congenial Tours Ltd = The Congenial Tours Ltd
  • BUT Isha Industries LtdAnisha Industries Ltd (different word, not just article)

### Rule (j) - Addition of Place Name

  • Salvage Technologies Ltd = Salvage Technologies Delhi Ltd
  • BUT Retro Pharmaceuticals Ranchi LtdRetro Pharmaceuticals Chennai Ltd (both have places — different places = different names)

### Rule (k) - Addition / Modification of Numerals

  • Thunder Services Ltd = Thunder 11 Services Ltd = One Thunder Services Ltd
  • (Unless the numeral denotes a recognised brand.)

## Reference

Students may also refer to Rule 8A of the Companies (Incorporation) Rules, 2014 for 23 specific instances of 'undesirable names'.

## Quick Memory Hooks

  • Plural/Singular, Case, Tense, Spelling = Trivial textual changes are NOT enough.
  • Translation only counts if COMPLETE.
  • Adding a place to a no-place name = same. Two place names = different.
  • Numerals don't help (unless brand).

Worked example

### Example 1

Example: Proposed name 'XYZ Builders and Contractors Pvt Ltd'. Existing name 'XYZ Contractors and Builders Pvt Ltd'. Under Rule (h), these are deemed identical — name will be rejected.

### Example 2

Example: Proposed name 'Surya Industries Mumbai Ltd' vs existing 'Surya Industries Kolkata Ltd'. Both have place names — different places mean different names. Proposed name is allowed.

### Example 3

Example: Proposed name 'Bharat Heavy Electricals Limited' is not allowed if 'Bharat Heavy Electricals Ltd' exists — abbreviation 'Limited' vs 'Ltd' is the same.

⚠️ Common exam mistakes

  • Believing that adding numerals always makes the name unique — false; numerals don't help unless they represent a recognised brand.
  • Thinking that translation (e.g., Hindi version) is allowed — only PARTIAL translations are allowed; complete translations are deemed identical.
  • Forgetting Rule (j)'s twist — adding a place to a place-less name is resemblance, but two different place names are NOT resemblance.
Bare-Act text Rule 8 and Rule 8A · Companies (Incorporation) Rules, 2014 · click to expand
Rule 8 of Companies (Incorporation) Rules, 2014 provides the criteria for determining when a proposed name is considered to resemble too nearly with the name of an existing company. Additionally, Rule 8A specifies undesirable names that cannot be allowed.
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