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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 4 March 2024 - onwards
Version 3 of 3

Regulation 12 Similarity to other name in which person has goodwill

Sections 69 to 74 apply to LLPs, modified so that they read as follows -

"69. Objection to LLP's registered name

(1) A person ("the applicant") may object to an LLP's registered name on the ground -

(a) that it is the same as a name associated with the applicant in which he has goodwill, or

(b) that it is sufficiently similar to such a name that its use in the United Kingdom or elsewhere would be likely to mislead members of the public in the United Kingdom or elsewhere by suggesting a connection between the LLP and the applicant.

(2) The objection must be made by application to a company names adjudicator (see section 70).

(3) The LLP concerned shall be the primary respondent to the application. Any member or person who was a member at the time at which the name was registered may be joined as a respondent.

(4) If the ground specified in subsection (1)(a) or (b) is established, it is for the respondents to show -

(a) that the name was registered before the commencement of the activities on which the applicant relies to show goodwill;

(b)[deleted]

(c) that the name was registered in the ordinary course of an LLP formation business and the LLP is available for sale to the applicant on the standard terms of that business; or