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business name question

  • 23-01-2009 12:22pm
    #1
    Closed Accounts Posts: 183 ✭✭


    I am starting out as a sole trader and have registered a business name with the cro. I have just found out that there is a company in the UK with the same name.
    Question is can I use the name I'm after registering?


Comments

  • Registered Users, Registered Users 2 Posts: 9,560 ✭✭✭DublinWriter


    It depends on what context.

    I don't see a problem with you using your name within ROI.


  • Closed Accounts Posts: 183 ✭✭an_other


    There is no fear of us being in direct competition so it's not like I would be stealing business from them.
    I just don't want to go through the hard work of establishing a name and then have someone come along as say "you can't trade under that name".

    Anyone ever hear of anything like that?


  • Registered Users, Registered Users 2 Posts: 3,267 ✭✭✭DubTony


    My limited company name is used by somebody else in Scotland. They would have no right to use it here.

    It should be ok if you've registered your trading name with the cro. Obviously UK is a different jurisdiction and if the British company was to commence trading here, you could tell them that they can't use the name. The opposite would apply if you started trading in the UK.


  • Closed Accounts Posts: 183 ✭✭an_other


    Cheers Dubtony


  • Registered Users, Registered Users 2 Posts: 7,805 ✭✭✭GerardKeating


    DubTony wrote: »
    Obviously UK is a different jurisdiction and if the British company was to commence trading here, you could tell them that they can't use the name. The opposite would apply if you started trading in the UK.

    Not quite, not if they registered a limited company here.


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  • Company Representative Posts: 1,740 ✭✭✭TheCostumeShop.ie: Ronan


    Do a Cro.ie companies search.


  • Registered Users, Registered Users 2 Posts: 3,267 ✭✭✭DubTony


    @ GerardKeating

    My company registered a trading name as well.
    So it's

    My Name Retail Ltd t/a Londis - name of my town.

    My understanding is that nobody could use my trading name. Are you saying that if somebody wanted to they could register

    Londis - name of my town Ltd.

    and then try to force me to give up my trading name?


  • Company Representative Posts: 1,740 ✭✭✭TheCostumeShop.ie: Ronan


    They couldn't force you to give it up but in theory they could register it.

    I believe that the CRO wouldnt allow this to register as it is too similar to your limited name. I've had a pain this week registering a new company and them saying it would be too similar to another business (if you added some letters here and there).


  • Closed Accounts Posts: 174 ✭✭patftrears


    DubTony wrote: »
    @ GerardKeating

    My company registered a trading name as well.
    So it's

    My Name Retail Ltd t/a Londis - name of my town.

    My understanding is that nobody could use my trading name. Are you saying that if somebody wanted to they could register

    Londis - name of my town Ltd.

    and then try to force me to give up my trading name?
    Anyone can register any business name there are no restrictions.


  • Company Representative Posts: 1,740 ✭✭✭TheCostumeShop.ie: Ronan


    patftrears wrote: »
    Anyone can register any business name there are no restrictions.

    For a registered business name that is true, But not for a LTD company.


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  • Closed Accounts Posts: 337 ✭✭thecleverone


    No problem unless they have trademarked the name in Ireland, or if they have a European Trademark. Go to www.patentsoffice.ie to see if they have registered.


  • Closed Accounts Posts: 117 ✭✭elgransenor


    an_other wrote: »
    I am starting out as a sole trader and have registered a business name with the cro. I have just found out that there is a company in the UK with the same name.
    Question is can I use the name I'm after registering?

    Hi,
    There is no problem for you in this regard.
    In fact there may be several registrations for the same name each owned by a different party IN IRELAND.

    The purpose of the Business Names Act 1963 is to provide a register of firms and individuals trading in the state under a name other than their own.

    No exclusive protection is granted to the owner of a business name by registering it.

    I have an article on Business Names on www.businessandlegal.ie


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