Company Name Tribunal

Companies House should reject applications to register a company having a name which is identical to another company already on the Register, unless the companies are part of the same group or written consent is provided.  However, sometimes a Company Name is registered which is identical to an unregistered company name or trade mark or similar to another registered company name/trading name or trade mark.  For example, the Company name availability checker, considers “Mathisen and Macara” to be identical to “Mathisen & Macara” but considers “Mathisen Macara” to be registrable. 

If someone has registered a Company Name at Companies House, which is identical to or similar to your company name, trading name or to one of your trade marks, then it is possible to file a complaint.  If you are successful, then The Company Names Tribunal can order the offending company to change its Company Name. 

It is generally best practice to instruct your Trade Mark Attorney to attempt to make contact with the offending company prior to launching an action at the Company Names Tribunal.  Launching an action without giving the offending company an opportunity to avoid the dispute may have cost implications further down the line.  In addition, the offending company may be willing to resolve the matter quickly and amicably without the need for filing a complaint.

 

LAUNCHING AN ACTION

However, it may be necessary to bring proceedings.  Whilst the process itself is relatively straightforward, you will eventually need to file evidence to show that you have goodwill or reputation in your name/trade mark as of the date the application is made.  Furthermore, if the offending Company Name is similar to your company name, trading name or one of your trade marks, rather than identical, then it will also be necessary to demonstrate that use of the offending Company Name would be likely to mislead members of the public by suggesting a connection between the offending company and your company.

Whilst often clashes between company names are unintentional, sometimes people register company names with the intention of seeking remuneration from a prior right holder.  Therefore, it is also possible to bring a Company Names Tribunal action in the following circumstances:

  • if someone has registered one or more variations of your company name in order to get your company to buy the registration(s).
  • where someone knows that a merger is about to take place between your company and another company and registers one or more variations of a name that the newly formed commercial entity is likely to require.

Officers of the offending company may be joined to the action.

 

DEFENDING AN ACTION

If the parties cannot settle the matter and the other party wishes to maintain their Company Name, they will need to file the appropriate defence within the time set by the Tribunal Section, typically two months.  There are a number of defences available to the offending company, including:

  • the Company Name was registered before you started to gain goodwill in your company name, trade name or trade mark;
  • the Company Name was registered in the ordinary course of a company formation business and the company is available for sale to you on the standard terms of that business;
  • that the offending company adopted the Company Name in good faith;
  • that your interests are not adversely affected to any significant extent.

If the offending company does not file a defence within the time allowed, then an adjudicator will normally order the offending company to change its Company Name to something which does not offend.

 

FILING EVIDENCE

If a defence is properly filed, then the Tribunal Section will set a deadline by which both you and the offending company  should file evidence to support your respective cases and to file written submissions or present your case at a hearing.    

 

THE DECISION

An adjudicator or a panel of adjudicators will make a decision after all the evidence and submissions have been made.  The decision will either:

  • order the offending company to change its Company Name; or
  • set out why no such order is appropriate.

 

COSTS

In addition to the official fees for filing the complaint or defence, requesting a hearing, and the attorney fees, the Tribunal Section may award costs.  If costs are to be awarded, then the decision will specify who pays towards the cost of the dispute and how much.  The adjudicator may award costs to any party in the proceedings.  However, costs awards do not generally cover the actual expenses incurred but are awarded on a fixed scale determined on the facts of the case.

If the offending company is ordered to change its Company Name but does not comply with the order, then the Tribunal Section can order Companies House to change the Company Name.

An advantage of using the Company Names Tribunal is that it can be cheaper and quicker than launching a trade mark infringement or passing off action.

If you are interested in using the Company Names Tribunal to enforce your rights, please do not hesitate to contact us at mail@mathisen.co.uk for more information.

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