![]() ![]() If none of these is shown, the objection shall be upheld. (e) that the interests of the applicant are not adversely affected to any significant extent. (d) that the name was adopted in good faith or ![]() (c) that the name was registered in the ordinary course of a company formation business and the company is available for sale to the applicant on the standard terms of that business or (iii) was formerly operating under the name and is now dormant or (ii) is proposing to do so and has incurred substantial start-up costs in preparation, or (a) that the name was registered before the commencement of the activities on which the applicant relies to show goodwill or (4) If the ground specified in subsection (1)(a) or (b) is established, it is for (3) The company concerned shall be the primary respondent to the applicationĪny of its members or directors may be joined as respondents. (2) The objection must be made by application to a company names adjudicator (see section 70). (b) that it is sufficiently similar to such a name that its use in the United Kingdom would be likely to mislead by suggesting a connection between the company and the applicant. (a) that it is the same as a name associated with the applicant in which he has goodwill, or “(1) A person (“the applicant”) may object to a company’s registered name on the ground― The only other elements – ‘Incorporated’ and ‘Limited’ are: (i) present in the Respondent’s name (‘Inc’ being a well-known and accepted abbreviation for “Incorporated”) (ii) descriptive and / or (iii) required for a limited private company in the UK. The Applicant notes that the Respondent did not choose any distinctive elements apart from the name associated with the globally recognised Applicant (‘Meta Platforms’). The Applicant claims that the timing of the Respondent’s incorporation and the almost identical nature of the name to the Applicant, show an intentional attempt to create a link with the Applicant. The Respondent was incorporated less than eight weeks later. ![]() That announcement drew immediate global press coverage, including within the UK. launched its corporate name rebrand to Meta Platforms, Inc. ![]() It was on 28 October 2021 that Facebook, Inc. The Applicant claims that the Respondent’s name was chosen opportunistically. The Applicant requests an order under section 73 of the Act for a change of name to one that does not contain “META PLATFORMS”, “META” or any other confusingly similar name or any other name that is an offending name (also taking into account the Applicant’s ultimate ownership of Instagram LLC, WhatsApp LLC and the Applicant’s former name Facebook, Inc.). Section 69 of the Act provides, among other things, that a party can apply for a company to be directed to change its name if it is shown that the name was chosen with the principal intention of seeking money from an applicant or preventing an applicant from registering the name, where the name is sufficiently similar to one in which the applicant has acquired goodwill, such that its use in the United Kingdom would be likely to misleadingly suggest a connection between the company and the applicant. The register at Companies House gives the nature of the Respondent’s business as Information technology consultancy activities Public relations and communications activities Advertising agencies Media representation services. 13804448 incorporated on 16 December 2021, namely, META PLATFORMS INCORPORATED LTD (“the Respondent”). On, the Applicant, through its legal representatives, D Young & Co LLP, filed a Form CNA1 in objection against the name of Company Registration No. Instagram is a photo/video sharing and editing service, software application, social network, retail and advertising platform WhatsApp is a telecommunications app and platform. The Applicant also owns Instagram and WhatsApp. The Applicant, previously known as Facebook, Inc., owns and operates the social networking service, mobile application and website, Facebook, which has operated since February 2004. This decision deals with an objection to a company’s registered name, raised under section 69 of the Companies Act 2006 (“the Act”) by the Meta Platforms, Inc. 3900 by Meta Platforms, Inc for a change to the company name of META PLATFORMS INCORPORATED LTD, company registration No. ![]()
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