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Journal of Intellectual Property Law & Practice Advance Access originally published online on September 25, 2008
Journal of Intellectual Property Law & Practice 2008 3(11):695-707; doi:10.1093/jiplp/jpn167
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© The Author (2008). Published by Oxford University Press. All rights reserved

State of the Art

I object! The new company names adjudicator in the United Kingdom

Phillip Johnson*
Legal context: On 1 October 2008, it became possible for the owners of goodwill in a name to object to another person registering it as a company name. This article examines the new provisions found in Part 5 of the Companies Act 2006 as well as the Company Names Adjudicator Rules 2008 which relate to this new right.

Key points: This article explores the background to this new right to object. It also examines in detail the circumstances where an objection can be made before moving on to look the defences available to any such objection. It also explains the procedure for making an objection and the rules governing proceedings before the new Company Names Adjudicators.

Practical significance: The extension of the own name defence in trade mark infringement means that this new right to object might have arrived at perfect time for trade mark proprietors. It is therefore vital that all IP practitioners are aware of the law and rules relating to this new right. This article provides an extensive exploration of these matters which should provide IP lawyers with what they need to know about the new law. It also provides some ideas of how a successful application may be made and suggestions how the defences might be stretched as far as possible.

Key Words: This article explores in detail the new right under the Companies Act 2006 to object to a company's registered name where a person owns goodwill in that name. • It provides an extensive analysis of who may make an objection and what they must prove for an objection to be upheld. It also examines the defences that are available to a company and shows that these defences can be stretched to cover many situations which may not have been within the contemplation of the legislator. • It concludes by examining the broadening scope of the own-name defences in trade mark infringement and passing off and suggests that this makes the new right to object much more important than might otherwise have been the case.

Correspondence: * Barrister, 7 New Square. Email: phillipjohnson{at}7nsq.com


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