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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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The company formerly known as Coke Cola Limited ...

Last December Class 46 reported on the first UK application to the new Company Names Tribunal. The application has now reached its conclusion. David Stone (Simmons & Simmons) reports:

"An application by The Coca-Cola Company was filed on 1 October 2008, the first day the tribunal opened for business. It was allocated Application Number 1. A decision was given on 3 December 2008 ordering a change of name from Coke Cola Limited by 3 January 2009.

Coke Cola Limited did not change its name, so the tribunal has now done it for them - the new name of the company is 06519140 Limited. As this is the company registration name, there is likely no further possibility of confusion.

From "soup to nuts" as the Americans say, this has taken 101 days and cost significantly less than High Court proceedings would have. There was also no need to prove use in the course of trade for the purposes of trade mark infringement, although I suspect a One in a Million instrument of fraud argument [see note on One in a Million by Nominet here] would have got up.

I have found the system to be very efficient and cost effective -- similar to running an ICANN UDRP dispute, but without the front-loading of costs. Also, unlike the UDRP, if the company name registrant doesn't file a defence and pay the fee, then the matter ends there".
Thanks, David, for your information. 

Posted by: Blog Administrator @ 09.14
Tags: Company Names Tribunal,
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