Choosing A Company Name
G
Choosing A Company Name
C
WHAT IF THE NAME SUGGESTS A CONNECTION WITH
A COMPANY ALREADY ON THE INDEX?
The Secretary of State does not consider any aspect
of "implied association", that is whether the company
might be thought to be a member of, or associated
with, a particular company or group of companies.
Nor does he take into consideration the use of trading
or business names, logos, ownership of registered
trade or service marks, copyrights, patents etc., or
any other proprietary rights existing in names or parts
of names.
HOW ARE OBJECTIONS DEALT WITH?
The Secretary of State's powers are discretionary,
each case being considered on its merits on the basis
of the information available. It will often be necessary
to request further information from the objector so that
full consideration can be given to whether a name is
"too like" another.
At the same time the Secretary of State will normally
advise the other company of the objection so that it
can answer the case against it. Any information that it
provides will also be taken into consideration when
coming to a decision. In the interests of fairness, the
information provided by either party may have to be
disclosed to the other so that it can answer the case
against it by making its own further representations.
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