Objection to company name

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to explain how objections to company names work.

The short answer is yes. Even if Companies House allowed you to register your company name, another person or business can still object to it later. It is a common myth that getting a name past Companies House means you have the absolute right to use it.

There are a few different legal routes someone can use to challenge your company name.

Companies House rules:
If someone thinks your company name is too similar to their existing registered company name, they can complain to Companies House. They must usually do this within 12 months of your company being registered. If Companies House agrees the names are too alike, they can order you to change yours.

The Company Names Tribunal:
If a business believes you registered a name deliberately to block them from using it, or to try and force them to buy the name from you, they can object through the Company Names Tribunal. This is part of the UK Intellectual Property Office. This type of objection is meant to stop opportunistic registrations.

Trade marks:
If your company name is the same as, or very similar to, someone else's registered trade mark, they might claim you are infringing their rights. This applies even if Companies House accepted your registration, because Companies House does not check the separate trade mark register when you set up a company.

Passing off:
If another business has built up a strong reputation under a certain name, they might accuse you of passing off. This means they believe your name might trick the public into thinking your business is connected to theirs, which could damage their reputation or steal their customers. They do not even need a registered trade mark to make this claim, so long as they can prove they have established goodwill in the name.

Practical next steps:
Depending on whether you are just thinking about a name, or if someone has already objected, here are some sensible steps you can take.

1. Do your research. If you are choosing a name, search the Companies House register and the UK Intellectual Property Office trade mark register to see if your proposed name is already protected.

2. Look for unregistered businesses. Do a quick online search to see if someone is already trading with a similar name in your specific industry or local area.

3. Review recent objections carefully. If someone has already written to you to object, do not ignore their letter. Look at what they are claiming. Check if they actually have a registered trade mark, or if they just registered their limited company a few months before you.

4. Try to resolve things informally. Many disputes can be sorted out by talking to the other party. If you operate in a completely different industry or area, you might be able to agree that there is no real risk of confusion.

5. Weigh up the costs. If the other business has strong legal grounds, such as a registered trade mark for the exact same services you provide, it is often much cheaper, faster, and less stressful to change your company name early on rather than fighting a potentially expensive legal battle.

I hope this helps give you a clear picture of how company name objections work in England and Wales. Please let me know if you would like me to explain any of this in more detail.