OCR can refuse registration where the proposed name conflicts with the Companies Act. The law specifically addresses names that are identical or confusingly similar to an existing company or trademark, unlawful or inappropriate names, and certain names resembling recently dissolved or insolvent companies.
Main statutory reasons
A name can be refused where it:
- matches an existing registered company name or trademark;
- is so similar that it is likely to create confusion;
- is contrary to prevailing law;
- is inappropriate from the standpoint of public interest, morality, decency or propriety;
- suggests a criminal purpose;
- resembles the name of a company deregistered or declared insolvent within the statutory restricted period.
Practical advice
A successful company-name search is not the same as trademark clearance. A business intending to build a brand should also consider intellectual-property searches and sector-specific naming restrictions.