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Introduced by the Companies Act (2006) to deal with disputes concerning opportunistic company name registrations, the Company Names Tribunal has delivered its first decision on the registration in February 2008 of the company name Coke Cola Limited.
Coca-Cola the soft drinks company made an application to the Company Names Tribunal arguing that Coke Cola Limited was misleading and opportunistic and that it was taking advantage of Coca Cola's trademarks. The application was unopposed and a ruling was issued by Company Names Adjudicator Judi Pike.
Coke Cola Limited was ordered to change its name and pay £700 to the Coca-Cola Company. If Coke Cola Limited does not change its name then the adjudicator will choose a new name for the company.
The Companies Act (2006) has expanded a trade mark owner’s powers to prevent the registration of a company name similar to its own although previously laws prohibited the incorporation of a company with an identical name to that of a company already incorporated under the Act. There was a right to object to a name that was too similar but that right was a limited one.
Interesting to note: An "offending name" means a name that, by reason of its similarity to the name associated with the applicant in which he claims goodwill, would be likely— to be the subject of a direction under section 67 (power of Secretary of State to direct change of name), or to give rise to a further application under section 69.
The full ruling can be found at: http://www.ipo.gov.uk/o31808.pdf
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