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I object! The new Company Names Adjudicator in the UK

Johnson, Phillip 2008. I object! The new Company Names Adjudicator in the UK. Journal of Intellectual Property Law and Practice 3 (11) , pp. 695-707. 10.1093/jiplp/jpn167

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Abstract

Legal context On 1 October 2008, it became possible for the owners of goodwill in a name to object to another person registering it as a company name. This article examines the new provisions found in Part 5 of the Companies Act 2006 as well as the Company Names Adjudicator Rules 2008 which relate to this new right. Key points This article explores the background to this new right to object. It also examines in detail the circumstances where an objection can be made before moving on to look the defences available to any such objection. It also explains the procedure for making an objection and the rules governing proceedings before the new Company Names Adjudicators. Practical significance The extension of the own name defence in trade mark infringement means that this new right to object might have arrived at perfect time for trade mark proprietors. It is therefore vital that all IP practitioners are aware of the law and rules relating to this new right. This article provides an extensive exploration of these matters which should provide IP lawyers with what they need to know about the new law. It also provides some ideas of how a successful application may be made and suggestions how the defences might be stretched as far as possible.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Publisher: Oxford University Press
ISSN: 1747-1532
Last Modified: 04 Jun 2017 06:45
URI: http://orca.cf.ac.uk/id/eprint/64427

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