(1)
A person (“the applicant”) may object to the registered name of a company, limited liability partnership, limited partnership, business name or incorporated trustees on the ground that it is—
(a)
the same as a name associated with the applicant in which he has goodwill ; or
(b)
sufficiently similar to such a name that its use in Nigeria would be likely to mislead by suggesting a connection between the company, limited liability partnership, limited partnership, business name or incorporated trustee and the applicant.
(2)
The objection must be made by application to the Administrative Proceedings committee established under this Act.
(3)
The company, limited liability partnership, limited partnership, business name proprietor or partners or incorporated trustees concerned shall be the primary respondent to the application provided that any of its members or directors may be joined as respondents.
(4)
If the ground specified in subsection (1) (a) or (b) is established, it is for the respondents to show that the—
(a)
name was registered before the commencement of the activities on which the applicant relies to show goodwill ;
(b)
company, limited liability partnership, limited partnership, business name or incorporated trustee—
(i)
is operating under the name,
(ii)
is proposing to do so and has incurred substantial start-up costs in preparation, or
(iii)
was formerly operating under the name and is now dormant ;
(c)
name was adopted in good faith ; or
(d)
interests of the applicant are not adversely affected to any significant extent.
(5)
If the facts mentioned in subsection (4) (a) or (b) are established, the objection shall nevertheless be upheld if the applicant shows that the main purpose of the respondents (or any of them) in registering the name was to obtain money (or other consideration) from the applicant or prevent him from registering the name.
(6)
If the objection is not upheld under subsection (4) or (5), it shall be dismissed.
(7)
In this section “goodwill” includes reputation of any description.