The Company Names Tribunal

Adjudicating on opportunistic company name registrations

On 1 October 2008, the Company Names Adjudicator Rules 2008 will come into force. The rules set out the procedure to be followed in relation to proceedings before a company names adjudicator who is asked to determine a dispute under the provisions of sections 69-74 of the Companies Act 2006 .

It should be noted that the jurisdiction of a company names adjudicator and of this tribunal is limited to the sections of the Act identified above. They relate to complaints by businesses or persons who have a goodwill or reputation associated with a name and said name (or a similar name likely to suggest a connection with the complainant) has been opportunistically registered as a company name by someone else with a view to obtaining money from the complainant or to prevent the complainant from registering the name.

The procedure to be followed is set out in the rules. After the complaint is filed the registration holder will be set a period by the adjudicator in which to file a defence. If a defence is filed, the adjudicator will set time periods in which the parties may file evidence to support their cases. Requests may be made to extend any of the time periods set by the adjudicator, but it is at the adjudicator's discretion as to whether or not the request will be granted.

After all the evidence is filed, the adjudicator will determine whether a hearing is required before a final decision can be reached. If a hearing is to be appointed the adjudicator will give the parties at least 14 days notice of when this is to take place, otherwise, the adjudicator will set a period in which the parties may make written submissions. After taking into account the written submissions or the submissions made at the hearing, the adjudicator will then send his written decision to the parties, together with the reasons for the decision. Any party may lodge an appeal against the adjudicator's decision. The appeal must be made to the court and must be made within the time period that the adjudicator sets in the decision.

The Company Names Tribunal is a new tribunal. It will be operated and administered by staff at the UK Intellectual Property Office. Further guidance and advice, and copies of the forms to be used, will be accessible on this website from 1 September 2008.