C5C4C3C2Part 5A company's name

Annotations:
Modifications etc. (not altering text)
C5

Pt. 5 power to apply (with modifications) conferred (E.W.S.) (1.12.2013) by Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c. 7), ss. 4(1)(2)(b), 8(2); S.I. 2013/2936, art. 2

C4

Pt. 5 power to apply (with modifications) conferred (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)

C3

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

Chapter 3Similarity to other names

Similarity to other name in which person has goodwill

C169Objection to company's registered name

1

A person (“the applicant”) may object to a company's registered name on the ground—

a

that it is the same as a name associated with the applicant in which he has goodwill, or

b

that it is sufficiently similar to such a name that its use in the United Kingdom F4or elsewhere would be likely to mislead F3members of the public in the United Kingdom or elsewhere by suggesting a connection between the company and the applicant.

2

The objection must be made by application to a company names adjudicator (see section 70).

3

The company concerned shall be the primary respondent to the application.

F5Any of its members or directors may be joined as respondents.F5Any of the following may be joined as respondents—

a

any member or person who was a member at the time at which the name was registered;

b

any director or person who was a director at the time at which the name was registered.

4

If the ground specified in subsection (1)(a) or (b) is established, it is for the respondents to show—

a

that the name was registered before the commencement of the activities on which the applicant relies to show goodwill; or

F1b

that the company—

i

is operating under the name, or

ii

is proposing to do so and has incurred substantial start-up costs in preparation, or

iii

was formerly operating under the name and is now dormant;or

c

that the name was registered in the ordinary course of a company formation business and the company is available for sale to the applicant on the standard terms of that business; or

d

that the name was adopted in good faith; or

e

that the interests of the applicant are not adversely affected to any significant extent.

If none of those is shown, the objection shall be upheld.

5

If the facts mentioned in subsection (4)(a) F2, (b) or (c) are established, the objection shall nevertheless be upheld if the applicant shows that the main purpose of the respondents (or any of them) in registering the name was to obtain money (or other consideration) from the applicant or prevent him from registering the name.

6

If the objection is not upheld under subsection (4) or (5), it shall be dismissed.

7

In this section “goodwill” includes reputation of any description.