2. NO CONFUSION TO THE
CONSUMER
The basic requirement before selecting a
business name is that it should not cause
confusion to the public including likelihood of
association with an earlier trade mark by
virtue of its identity with the earlier trade mark
and similarity of goods or services caused by
the earlier trade mark or by virtue of its
similarity to an earlier trade mark and identity
or similarity of the goods or services caused
by the earlier trade mark.

3. TYPE OF BUSINESS
If the two businesses operate in the same
industry, then there is likelihood of trade
mark issues. The existing company
“Lakshmi Garments Pvt. Ltd” operates in
garment industry and the company you
want to start is “Shri Lakshmi Textile Pvt.
Ltd” which works in a similar industry. So
there is likelihood of trademark issues.

4. GEOGRAPHICAL AREA
It also depends on the geographical area in
which the companies operate. If both the
companies have their market in the same
geographical area, then there can be
trademark issues.

5. Examples
The following companies co-exist:
 London and Provincial Law Assurance Society with London
and Provincial Joint Stock Life Assurance Company
 London Assurance Corporation with London and Westminster
Assurance Corporation
 Colonial Life Assurance Co. with Home and Colonila
Assurance Co.
 Merchant Banking Company of London with Merchants’ Joint
Stock Bank
But the North Cheshire and Manchester Brewery Co. wasn’t
allowed to operate because there was a company named
Manchester Brewery Co.

6. ANSWER
There is very less probability that you can
start a company named “Shri Lakshmi
Textiles Pvt. Ltd” when there is already a
company named “Lakshmi Garments Pvt.
Ltd”.

7. Few more examples..
The following names cannot be allowed because of existing
companies with similar names.
 Hindustan Motor and General Finance Company because
there exists a company named Hindustan Motor Ltd..
 The National Steel Mfg. Co. Private Limited cannot be allowed
because there is an existing company named National Steel
Works.
 Trade Corporation of India Limited cannot be allowed because
there is an existing company named State Trading
Corporation of India Limited.
 Viswakaram Engineering Works Private Limited cannot be
allowed because there is an existing company named
Viswakaram Engineering (India) Private Limited.