Procedure & practice
Objections to a company's registered name (because it is the same as one in which the objector has goodwill or is so like such a name that it is likely to mislead) are to be determined under the Companies Act 2006 (CA 2006), ss 69 and 70 which come into force on 1 October 2008.
The provisions are aimed at the opportunists who have in mind merger talks between New Law Journal and Penthouse and might otherwise be quick off the mark to register New Law Penthouse Ltd and possibly Civil Way Naked Ltd for good measure. Companies House will not deal with the opportunist but only with “too like” or “same as” registrations.
And so it is that the Company Names Adjudicator Rules 2008 (SI 2008/1738) come into force on the same date. The rules are modelled on the Registered Designs Rules 2008 and, indeed, members of the Registrar of Trade Marks Tribunal will be doubling as the first adjudicators on company names. They may make an order to direct the company to change its name. If it fails
