61. Order Requiring Name To Be Changed

Past version: effective from 29/04/2020 - 28/04/2020
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(1) If an application under section 58 (objection to company’s registered name) is upheld, the Registrar shall serve notice–
(a) requiring the respondent company to change its name to one that is not an offending name, and
(b) requiring all the respondents–
(i) to take all such steps as are within their power to make, or facilitate the making, of that change, and
(ii) not to cause or permit any steps to be taken calculated to result in another company being registered with a name that is an offending name.
(2) An “offending name” means a name that, by reason of its similarity to the name associated with the applicant in which he claims goodwill, would be likely–
(a) to be the subject of a direction under section 56 (power to direct change of name in case of similarity to existing name), or
(b) to give rise to a further application under section 58 (objection to company’s registered name).
(3) The notice must specify a date by which the respondent company’s name is to be changed and may be enforced in the same way as an order of the Court.
(4) If the respondent company’s name is not changed in accordance with the order by the specified date, the Registrar may determine a new name for the company.
(5) If the Registrar determines a new name for the respondent company he must give notice of his determination–
(a) to the applicant, and
(b) to the respondents.
(6) For the purposes of this section a company’s name is changed when the change takes effect in accordance with section 69(1) (change of name: effect).