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Challenging a company name

Written by Michael Coyle on 23 November 2013

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The change of law allows for anyone to object to a company name and any objection must be done via the Intellectual Property Office as the Adjudicator will be based at the UK Intellectual Property Office.

 

Companies House is only responsible for ‘too like’ and ‘same as’ objections. Any other objections to must be made  to the Adjudicator.

If a complaint is upheld the Company Names Tribunal will make an order to direct the company to change its name. If the company fails to comply the Tribunal may choose a new name for the company. This company new name will be something along the lines of 0987389. To appeal you need to appeal to the High Court.   The Adjudicator cannot order damages and the complainant needs to be budget for £2000+VAT if instructing a solicitor or £400 if not!

http://www.ipo.gov.uk/cna/cna-factsheet.htm

 

http://legislation.data.gov.uk/ukpga/2006/46/part/5/chapter/3/crossheading/similarity-to-other-name-in-which-person-has-goodwill/enacted/data.htm?wrap=true

http://www.legislation.gov.uk/uksi/2008/1738/contents/made

 

 

MJC

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