What is the Law in Your Life?

5 things you should know about objecting to a company name:

1.   Any person can object to a company's registered name if the name is:

a)    the same as a name associated with the objector and in which he has goodwill; or 

b)   similar enough to such a name that its use in the UK would be likely to mislead by suggesting a connection between the company and the objector

The objector does not need to be a company.

2.  There are specific circumstances in which there will be a presumption the company's name was registered legitimately. These include that:

a)  registration took place before the start of the activities on which the objector relies to show his goodwill; 

b)  the company is carrying on business under the name; 

c)  the company is proposing to carry on business under the name and has incurred substantial start-up costs in preparation; 

d)   the name was adopted in good faith; 

e)   the interests of the objector are not adversely affected to any significant extent.

If one of these presumptions applies, the objection must be dismissed unless the objector can show the respondent registered the name either to obtain money from the objector or to prevent him registering the name. In that case, the objection must in most circumstances be upheld.

     

If none of the presumptions applies, the objection must be upheld. It is to be noted that one of the defences is that the company is operating under the company name; an application to the adjudicators is not an alternative to an action for passing-off or trade mark infringement.

3.   If an objection is upheld, the offending company name must change to one that does not raise an objection within the time prescribed by the adjudicator. If the company fails to do so, the adjudicator may determine a new name for the company.

4.    The adjudicators are based at the Intellectual Property Office in Newport, South Wales. Collectively the adjudicators are called the “Company Names Tribunal” and they will consider objections against a company's registered name.

5.    When making an application to the Company Names Tribunal the objector must give his own details and the details of the company name to which he objects, together with a concise explanation (the statement of grounds) as to why he is making the application. The objector will need to enter a UK address to which the Tribunal can send correspondence and he will need to include the application fee with the form and fee sheet. The objector will also need to make a statement regarding whether he has contacted the company in relation to the matter prior to filing the application; when he did so and what he said to the company. If the objector does not give the company name holder adequate notice of his intention to file the application, this may affect any award of costs at the end of the proceedings.