COMPANY NAME - Company names has now a Tribunal in the UK

In October 2008 a Company Names Tribunal was set up in the UK in order to deal efficiently with opportunistic company name registrations. This administrative route has now been tested and has proved to be quite useful, particularly where as company doesn’t already have a registration, but there is goodwill in their company name and a third party registers the same or similar name with an intention of selling the registration for monetary gain. The plaintiff must show that the objectionable name is the same as a name associated with the applicant in which he has goodwill or that it is sufficiently similar to such a name that its use in the UK would be likely to mislead by suggesting a connection between the company and the applicant. The plaintiff must further show that the registration was opportunistic, i.e. that the main purpose was to obtain money (or other consideration) from the applicant , or to prevent it from registering the name Prior to the establishment of this administrative procedure, it was necessary to bring an action in court, either under passing-off, or on the basis of having a prior, similar company name registration.


08/28/2009 | Company name