Tarmac has succeeded in its application to force a construction company to change its name arguing it was too similar to its own.
It is the thirteenth time in the past decade the tier one contractor has presented objections against doppelgangers.
Tarmac Trading Limited (the tier one contractor) applied in July for a change of name of N&B Tarmac and Paving Ltd, a Liverpool-based roads construction company incorporated in August 2023.
Under the Companies Act 2006, a business can object to another company’s registered name if it believes it is “sufficiently similar” to its own and could mislead members of the public by suggesting a connection between them.
On 20 August, the Company Names Tribunal wrote to N&B Tarmac and Paving Ltd’s director, Neil Franics [sic] Blackwood, to inform them that Tarmac had requested they join the proceedings. No comments were received from Blackwood about this request.
Application passes unopposed
Tarmac’s application to change N&B Tarmac and Paving Ltd’s name was passed unopposed as Blackwood did not respond to the allegations made.
N&B Tarmac and Paving Ltd has one month from the order publication to change its name to a “not offending” one. The Company Names Adjudicator, Susan Eaves, also ordered the company and Blackwood to pay Tarmac a total of £800 in costs, including the application fee and the statement of the case.
On 5 November, N&B Tarmac and Paving Ltd received a first Gazette notice – a public warning from Companies House that a company may be struck off its register. The firm is also due its first confirmation statement, which businesses must file with Companies House within one year and 13 days of the company’s incorporation date.
This is the third time this year that Tarmac has successfully applied for companies to change their names, including a now-dissolved web portals business formerly known as Black Tarmac 365 Ltd and a building company, still active, formerly known as Commercial Tarmac Ltd.
Other construction successfully taking businesses to the Company Names Tribunal over their names this year include John Sisk & Son, the Construction Skills Certification Scheme (twice), Kier, Cemex UK, Balfour Beatty (twice), and FM Conway.
Tarmac declined to comment.
