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Business' with same name:

  • 27-11-2009 1:07pm
    #1
    In_tuition
    Closed Accounts Posts: 1,242 ✭✭✭


    If someone has a business under a certain name and another person on the island has the exact name for their business (and they are the same business) - is this allowed?

    Do you need to register your the name of your business or what?

    Really don't understand it at all.


Comments

  • #2
    jimmmy
    Closed Accounts Posts: 2,539 ✭✭✭jimmmy


    In_tuition wrote: »
    Do you need to register your the name of your business or what?


    yes. Check out / google the Registrar of Business names ...as far as I remember they are in Parnell sq Dublin....it will cost you maybe 10 or 20 or 30 euro to register the name but its worth it , so nobody else can use it.


  • #3
    In_tuition
    Closed Accounts Posts: 1,242 ✭✭✭In_tuition


    jimmmy wrote: »
    yes. Check out / google the Registrar of Business names ...as far as I remember they are in Parnell sq Dublin....it will cost you maybe 10 or 20 or 30 euro to register the name but its worth it , so nobody else can use it.

    Thanks jimmmy, most likely the other business prob has it registered if that's all it takes.

    If I went ahead and used the name (and it was registered) do you know of any repercussions I might find?

    I suppose I could contact what you told me and ask them if it is registered.


  • #4
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    If your are setting up as a sole trader then I don't think it matters.
    I registered several business names which were already registered.

    Would be different if it's a ltd company id imagine.


  • #5
    Rulmeq
    Registered Users, Registered Users 2 Posts: 1,101 ✭✭✭Rulmeq


    You can find out very quickly if they are registered
    http://www.cro.ie/search/

    Even if they aren't are you sure you want to get into this kind of thing, is the name really that good?


  • #6
    jimmmy
    Closed Accounts Posts: 2,539 ✭✭✭jimmmy


    RoadKillTs wrote: »
    I registered several business names which were already registered.
    With respect, you could not have done that if they were already registered, unless the business name registration office made a mistake, as you get a business name registration no. when you register your name. That is the whole point of it, and nobody can copy your name.


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  • #7
    dbran
    Registered Users, Registered Users 2 Posts: 2,094 ✭✭✭dbran


    Hi guys

    Registering a business name in itself offers no name protection at all. CRO will happily register any name you give them so long as it is not illegal, obscene etc. This is different to registering a company name.

    The main reason for registering a business name is that the banks will require you to have a business name registered in order to set up an account for your business if it is a name other then your own name.

    Kind Regards

    dbran


  • #8
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    With respect, you could not have done that if they were already registered, unless the business name registration office made a mistake, as you get a business name registration no. when you register your name. That is the whole point of it, and nobody can copy your name.

    I think you are confusing this with setting up a ltd company.
    As I said I have registered several names that were already registered.


  • #9
    kenbrady
    Closed Accounts Posts: 404 ✭✭kenbrady


    In_tuition wrote: »
    If someone has a business under a certain name and another person on the island has the exact name for their business (and they are the same business) - is this allowed?
    No, they can sue you for 'Passing Off' as their business. Possible trademark infringement.


  • #10
    Axwell
    Moderators, Computer Games Moderators Posts: 10,462 Mod ✭✭✭✭Axwell


    jimmmy wrote: »
    With respect, you could not have done that if they were already registered, unless the business name registration office made a mistake, as you get a business name registration no. when you register your name. That is the whole point of it, and nobody can copy your name.

    You can register a Business Name the same as anyone else even if it exists already. What you cant do is registered a Company Limited or otherwise with the same name as anyone else.


  • #11
    jimmmy
    Closed Accounts Posts: 2,539 ✭✭✭jimmmy


    If you have registered your business name eg , eg "McWidget-World" , and after that someone else sets up a business called "McWidget-World", as far as I know you can get your solicitor to stop your competitor calling his businness the same as yours. You having registered your business name first will be an important pillar of your case.


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  • #12
    dbran
    Registered Users, Registered Users 2 Posts: 2,094 ✭✭✭dbran


    jimmmy wrote: »
    If you have registered your business name eg , eg "McWidget-World" , and after that someone else sets up a business called "McWidget-World", as far as I know you can get your solicitor to stop your competitor calling his businness the same as yours. You having registered your business name first will be an important pillar of your case.

    Yes this is correct. Having a business name registered with the CRO would be a good start. But it would not be the only thing that would decide the case.

    If the other guy was able to prove that he was in business long before you registered the name then you would be stuffed. For example if he had accounts, tax returns etc.

    I understand there is a lot of case law on this and it would be mainly decided on those issues.

    Kind Regards

    dbran


  • #13
    TheCostumeShop.ie: Ronan
    Company Representative Posts: 1,740 ✭✭✭TheCostumeShop.ie: Ronan


    Under common law you would get introuble as mentioned above it would be considered passing yourself off as someone else's business and gaining benefit from work/reputation that was not yours and potentially damaging their name. Registering a business name will give you no protection in this respect.

    I think you'd have to ask yourself some serious questions about why you would want to name your business the same as an existing one? If someone wants to look up your business chances are they will end up getting on to the other business as it's longer established. If the other business is bad, then you'll suffer with people bad mouthing your business thinking its them.

    On a more human level is it really worth it? I think Ireland is too small a community for this type of thing. You'll have unforeseen consequences, such as you might find suppliers unwilling to deal with you or give you favorable rates because they have an established relationship with the original business.

    Starting a business is a beautiful blank sheet, get a unique name and create a unique niche and thing that your business is known for.


  • #14
    jimmmy
    Closed Accounts Posts: 2,539 ✭✭✭jimmmy


    TheCostumeShop.ie (Ronan) wrote: »
    Starting a business is a beautiful blank sheet, get a unique name and create a unique niche and thing that your business is known for.
    I agree with that, but I would also recommend for the sake of a some euro its worth registering your unique business name when you start. Otherwise whats the point of the government taking money off people who register their business name.


  • #15
    TheCostumeShop.ie: Ronan
    Company Representative Posts: 1,740 ✭✭✭TheCostumeShop.ie: Ronan


    jimmmy wrote: »
    I agree with that, but I would also recommend for the sake of a some euro its worth registering your unique business name when you start. Otherwise whats the point of the government taking money off people who register their business name.

    Registering a business name doesn't protect the name in any way, you do get protection with registering a ltd company though. If you trade under any name then you have to register it with the CRO (online filling 20Euro).


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