A new Companies Act, which will go into force in New Zealand on July 1, 1994, bars the registration of company names that are:
1) in breach of the provisions of other laws, such as the Trade Marks Act (e.g. by being in conflict with a registered trademark) and the Fair Trading Act (e.g. by being misleading or deceptive);
2) identical or almost identical to the name of an existing company; or
3) offensive in the opinion of the Registrar.
Trademark owners will welcome this new legislation, since they are not protected directly under the present Companies Act of 1955 which only requires that a company name comply with the Flags, Emblems & Names Protection Act and no other statute.
June 1994 Index