First ruling from the Company Names Tribunal
In August 2008, we reported that the Companies Act 2006 (which came into force on 1 October 2008) gives brand owners the right to object to registration of a company name that is the same as or similar to a name in which the brand owner has goodwill.
The newly formed Company Names Tribunal has handed down its first decision, ordering that Coke Cola Limited change its name and pay the sum of £700 to Coca Cola.
Coca Cola raised an objection to the registration of Coke Cola Limited, arguing that the company name was taking unfair advantage of Coca Cola’s well known trade marks.
This decision will be welcomed by brand owners who face a never-ending battle to protect their brands.
The case was, however, fairly clear cut, involving one of the world’s best known brands and we will therefore have to wait to see how the Company Names Tribunal will rule on more ambiguous cases involving lesser known brands.
Consistent with our policy when giving comment and advice on a
non-specific basis, we cannot assume legal responsibility for the
accuracy of any particular statement. In the case of specific problems
we recommend that professional advice be sought.
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