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Has a company name been registered at Companies House too like yours?
The Companies Act 2006 (the Act) may provide the answer. The Act distinguishes between a company name being too like another and one where the registration is considered to be an opportunistic registrations. Under section 69 of the Act the Company Names Tribunal has been set up at the Intellectual Property Office and adjudicators appointed.
The adjudicators have recently made adjudications in favour of Coca-Cola Ltd against Coke Cola Ltd and Zurich Insurance Co against Zurich Financial Special Risk Ltd. and Zurich Risk Transfer Ltd and Harrods against Harrods Limousine Ltd. The adjudicators have ordered the offending companies to change their name and to pay £700.00 costs to the applicant. If the offending company’s name is not changed the adjudicator will change the name to that of the company’s registered number.
The Company Names Tribunal state opportunistic company name registrations share similar characteristics to opportunistic Internet domain name registrations (called cyber squatting) such as registering one or more variations of the name of a well known company. But note, the adjudicators cannot deal with cases where someone feels that another company name is too similar to their own company’s name where the dispute will be dealt with by Companies House, and if it amounts to passing off it may be actionable by the courts.
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