Registration of a company name already in use in another jurisdiction

dromdrom

Forgive me if I am asking a question that has been answered elsewhere but looking at setting up my own company. It would be a local service based industry operating within my own county and neighboring ones. However the name I want to use is already in use in the U.K by a large company in the same line of business who do not operate here. What is the position relating to this. Can I have the same name?

EKRIUQ

There's no problem registering the name, more than 2 companies here can have the same name in Ireland and be registered with the Cro.

PaulPinnacle

EKRIUQ wrote: »

There's no problem registering the name, more than 2 companies here can have the same name in Ireland and be registered with the Cro.

I'd strongly query this.

You seem to be referring to 'business name' rather than 'company name'? though I'm not all too familiar with the specific requirements surrounding business names. I know this certainly isn't the case for company names.The CRO have the right, and normally will/do, to refuse a name if it is the same as or similar to a name already appearing on the register of companies (also, if it is considered offensive or if it would suggest state sponsorship).

You can check for existing registered companies via the CRO website (http://www.cro.ie/) to see if there might be anything listed to conflict with your proposed company name. It's also a good idea to check for any related trademarked names via the patent office (http://www.patentsoffice.ie/). The CRO can at times be a little quirky on what they view as 'similar', so I'd suggest talking with an experienced company formation agent in relation to it for their advice.

That said, I'd consider the potential negative impacts of going with a name which is already in use in another jurisdiction, even if you are 'technically' allowed to do it. It can/could cause significant issues, both to start with and down the line, so something I'd consider in detail before proceeding.

robinph

If the UK company is in the same line of business then couldn't they claim your trying to trade off their reputation once they hear of your existance?

EKRIUQ

PaulPinnacle wrote: »

I'd strongly query this.

You seem to be referring to 'business name' rather than 'company name'? though I'm not all too familiar with the specific requirements surrounding business names. I know this certainly isn't the case for company names.The CRO have the right, and normally will/do, to refuse a name if it is the same as or similar to a name already appearing on the register of companies (also, if it is considered offensive or if it would suggest state sponsorship).

I registered a business name with the CRO and 3 months later the exact name was registered again with the CRO, when I queried this, they said the same company name can be registered a number of times

dbran

Hi

As robinph said you may be sued for a passing off action by the other company but I dont see any reason why technically, everything else with the name being OK, the CRO wouldnt allow it. After all, how many countries are they expected to check for similar names??

EKRIUQ you are talking about business names. A business name gives no name protection whatsoever. It just allows you to open a bank account and to be able to see who is behind a certain trading name when it is not their own name.

You cannot register a company with the same or similar name as an existing company, even after twenty years.

Kind Regards


dbran

dromdrom

Cheers lads. Pretty sure I would not be open to passing off as the company has no footprint in Ireland whatsoever. If I use the name as a business name but have a company name as something completely unique would the company name and business name both have to appear on correspondence?

dbran

Yes.

Company name T/A Business Name

Regards

Dbran

NCG

Yes, but you could give more prominence to the trading name - e.g. have it large with logo, and just have the "xxxLtd, trading as yyy" at the bottom with your other legal requirements (company number, directors, etc).

Gavin05

dromdrom wrote: »

Forgive me if I am asking a question that has been answered elsewhere but looking at setting up my own company. It would be a local service based industry operating within my own county and neighboring ones. However the name I want to use is already in use in the U.K by a large company in the same line of business who do not operate here. What is the position relating to this. Can I have the same name?

Usually registering homes provides the availability of names, where the person who wants to register is suppose to select the name from. As per my knowledge we are not supposed to use the same company name, which has been already in use.

Accountancy

dromdrom,
You can call the CRO and they will give you advise on the use of names and if you tell them the name that you are thinking of they will tell you if you can use it.
You are not allowed to use names that will mislead people.
There are words that you are not allowed to use even though there may be companies already with them in the name.
The rules for new names have changed in the next few years.
The tel no is 01 8045200.