Managing Intellectual Property

New rules to curb UK company name grabbers (subscribers only)

01 October 2008

Stephen Mulrenan, London

New legislation enters into force in the UK today designed to provide brand owners with an extra weapon against opportunistic company name registrants

But there is little consensus on how effective such legislation might prove to be.

Parts 5 and 25 of the Companies Act 2006, which contain a number of relevant IP rights provisions, have been implemented, with the owners of goodwill in a trade mark most interested in section 69 [see below] of the Act.

Section 69 provides for a new right for any person (not just a company) to object if a company's name is the same as a name associated with the objector in which he has goodwill - or is sufficiently similar to such a name that it would be likely to mislead.

Complaints are to be handled by a specially formed company names adjudicator, known as the Company Names Tribunal, which will be based at the UKIPO in Newport.

It will provide for an exchange of evidence and a possible hearing, and will award costs that could run...



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