PROTECTION OF PUBLIC INTEREST

In addition to the requirement that a company name must not be the same as another existing name, the Registrar will not permit the registration of any company name:
which is either offensive or contrary to the public interest; or (d)).

the use of which would constitute a criminal offence (sec 20(1)(c),

WHEN IS A NAME THE SAME AS OR TOO LIKE ANOTHER?

The following words and expressions (and abbreviations of such words and expressions) are disregarded for the purpose of determining whether two names are the same:
the; company;

and company;
company limited; and company limited; limited;

unlimited;
public limited company; The appearance of the letters in the name (type, case, spacing, etc.) and the punctuation of the name are also disregarded (sec. 20(3)).

WHEN IS A NAME THE SAME?

In considering whether names are the same or too like, the Registrar will take into account all factors which may suggest similarity and lead to actual or potential confusion between the names of two or more companies. Such factors will include, for example, the nature of the business concerned and public awareness of the relevant names. Subject to this, names may be considered the same or too like in the Registrars opinion if:
the names are visually or phonetically identical; there is only a slight variation in the spelling of the names and the variation does not make any significant difference, e.g. grammatical variations such as Trade and Trading;

WHEN IS A NAME THE SAME?

Similar principles apply in respect of Chinese names. Section 20(3)(c) provides that two different Chinese characters shall be regarded as the same if the Registrar is satisfied that having regard to the usage of the two Chinese characters in Hong Kong, they can be used interchangeably.

Examples:
1. Names which are the same Kwun Tong Engineering Limited and Kwun Tong Engineering Company Limited or

and
. 2. Names which are phonetically identical Lyfecity Limited and Lifecity Limited or Ab-Chem Limited and Abkem Limited or and .

WHEN IS A NAME THE SAME?

3. Names in which a slight variation in spelling does not make a significant difference Consolair Limited and Consulair Limited
4. Grammatical variations which do not have significant difference Advance Travel Limited and Advanced Travel Limited 5. Names which contain the same distinctive element (a) where the names are sufficiently qualified Factromatic Computers Limited and Factromatic Plant Hire Limited (b) where the names are not sufficiently qualified Mechala Limited and Mechala Holding Limited or Oddbods Press Limited and Oddbods Printing LImited or