Companies Act 2006

69Objection to company's registered nameU.K.
This section has no associated Explanatory Notes

(1)A person (“the applicant”) may object to a company's registered name on the ground—

(a)that it is the same as a name associated with the applicant in which he has goodwill, or

(b)that it is sufficiently similar to such a name that its use in the United Kingdom [F1or elsewhere] would be likely to mislead [F2members of the public in the United Kingdom or elsewhere] by suggesting a connection between the company and the applicant.

(2)The objection must be made by application to a company names adjudicator (see section 70).

(3)The company concerned shall be the primary respondent to the application.

[F3Any of the following may be joined as respondents—

(a)any member or person who was a member at the time at which the name was registered;

(b)any director or person who was a director at the time at which the name was registered.]

(4)If the ground specified in subsection (1)(a) or (b) is established, it is for the respondents to show—

(a)that the name was registered before the commencement of the activities on which the applicant relies to show goodwill; or

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)that the name was registered in the ordinary course of a company formation business and the company is available for sale to the applicant on the standard terms of that business; or

(d)that the name was adopted in good faith; or

(e)that the interests of the applicant are not adversely affected to any significant extent.

If none of those is shown, the objection shall be upheld.

(5)If the facts mentioned in subsection (4)(a) F5... or (c) are established, the objection shall nevertheless be upheld if the applicant shows that the main purpose of the respondents (or any of them) in registering the name was to obtain money (or other consideration) from the applicant or prevent him from registering the name.

(6)If the objection is not upheld under subsection (4) or (5), it shall be dismissed.

(7)In this section “goodwill” includes reputation of any description.

Textual Amendments

F1Words in s. 69(1)(b) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 15(2)(a), 219(1)(2)(b); S.I. 2024/269, reg. 2(k)

F2Words in s. 69(1)(b) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 15(2)(b), 219(1)(2)(b); S.I. 2024/269, reg. 2(k)

F3Words in s. 69(3) substituted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 15(3), 219(1)(2)(b); S.I. 2024/269, reg. 2(k)

F4S. 69(4)(b) omitted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 15(4), 219(1)(2)(b); S.I. 2024/269, reg. 2(k)

F5Word in s. 69(5) omitted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 15(5), 219(1)(2)(b); S.I. 2024/269, reg. 2(k)

Modifications etc. (not altering text)