Quick question

maddog

I have been using a name for my event company for the last year and a half to run some events, it never really generated much income so I did not register it with the CRO (:o I know, I know) anyway somebody has now registered that very name with the CRO:( for the exact same business.

Where do I stand? Do I have any legal right to the name?


Maddog

I Drink It Up!

maddog wrote: »

I have been using a name for my event company for the last year and a half to run some events, it never really generated much income so I did not register it with the CRO (:o I know, I know) anyway somebody has now registered that very name with the CRO:( for the exact same business.

Where do I stand? Do I have any legal right to the name?


Maddog

The problem is that your name is probably not really well known, and so you cannot claim any appropriation of your goodwill is likely to occur.

MidlandsM

The answer is no.

maddog

I Drink It Up! wrote: »

The problem is that your name is probably not really well known, and so you cannot claim any appropriation of your goodwill is likely to occur.

Thanks for the reply, but the business is in a very small niche market and an even smaller community and my main business is well known within this community.

maddog

MidlandsM wrote: »

The answer is no.

So by the very fact that the name is now registered with the CRO do I have to now stop using the name, even if I can show a timeline of use for the name?

MidlandsM

Yes, the name is not yours legally.
Like I could'nt start up a company in the morning called Ryanair or Smurfit.

Take it as a compliment that someone liked the name you used before and take it now as a opportunity to rethink a fresh new name!

maddog

Thanks for the reply

MidlandsM

No worries, remember, Henry Ford failed 5 times in business till he got it right...........keep going!

maddog

MidlandsM wrote: »

Yes, the name is not yours legally.
Like I could'nt start up a company in the morning called Ryanair or Smurfit.

Take it as a compliment that someone liked the name you used before and take it now as a opportunity to rethink a fresh new name!

That's a pure shame (and stupidity on my part:o:o) The name was killer:(:(

maddog

But could I still use the name and put .com on the end of it?

PCPhoto

maddog wrote: »

But could I still use the name and put .com on the end of it?

would you really want to do that ---- and potentially give the other person some of your clients (if they look for you....they see the .ie version and think it must be the same person)

then again ...you could piggyback on theirs in the same vein.

maddog

PCPhoto wrote: »

would you really want to do that ---- and potentially give the other person some of your clients (if they look for you....they see the .ie version and think it must be the same person)

then again ...you could piggyback on theirs in the same vein.

That's true, but most of the clients would know I was using the name first.... I'll have to think about it... tbh I'm not sure if I need the distraction

PCPhoto

you could always create a new identity and promote it claiming "old name" is dead .... now operating as "new name"

plenty of promotion claiming old name is dead and gone .....will ensure people understand whats going on.

yom 1

Just because the company name is gone is not the end of the world. You could still use the business name and register it aswell.

For example say you were using the name Volcanic Ash, and have just realised that Volcanic Ash Ltd has been registered as a company by someone else, you can set your own company up and register the business name Volcanic Ash and as such trade as follows Never Registered My Company Ltd Trading as Volcanic Ash. By doing this you will still be able to trade with the name Volcanic Ash as part of your company name.

maddog

yom 1 wrote: »

Just because the company name is gone is not the end of the world. You could still use the business name and register it aswell.

For example say you were using the name Volcanic Ash, and have just realised that Volcanic Ash Ltd has been registered as a company by someone else, you can set your own company up and register the business name Volcanic Ash and as such trade as follows Never Registered My Company Ltd Trading as Volcanic Ash. By doing this you will still be able to trade with the name Volcanic Ash as part of your company name.

Thank you for that..... I'll sleep better tonight:)

Daisy D

maddog wrote: »

Thanks for the reply, but the business is in a very small niche market and an even smaller community and my main business is well known within this community.

If it's that small of a market/community, then you should have no problem rebranding.

My advice, this now has thought you a very valueable lesson.

TheCostumeShop.ie: Ronan

Maddog, When you say they registered with the CRO do you mean as a ltd company or they just registered a business name?

If they just registered a business name then you can also register that same name - registering a business name does not give you any entitlements (other than the ability to register a .ie domain), just permission to use the name when doing business - there is no exclusivity on a name in that respect.

In theory if your business was a very established name you could argue under common law that they we're impersonating you... but as you said it wasn't that big an operation.

Out of interest are the other business using the name in your niche aware of your operation? If so i'd try register the name and grab the .ie domain on principle.