Legal help needed, registering a business name

DR.Magoo

*Mods please feel free to move to rightful area if I have put this in the wrong place*

This is a question for people who know the laws out there regarding registering a business name etc.

If you were register a business name in Ireland, just say for example "Justice" that say is an entertainment company, could other people use this name in a different context, say promoting that name as their DJ group, calling themselves "Justice"?

What are the legal implications here? Is such a thing allowed? Or if you have registered your name with the CRO, does that mean other people are not allowed to use it?


Help greatly appreciated.

Axwell

The difference is Business Name vs Company

There can be multiple businesses with the same 'business name' however there can only be one version of a name on a limited company. They dont have to be in a different context for the business name either.

DR.Magoo

Okay I think I have managed to confuse myself here. Thank you for your swift reply.


If I can explain it more clearly it might help to get an answer Lol


I want to register a business name called "x". There is another group out there using the same name "x". If I was to register that name as a business, would the other group be allowed to use the name still? If not, then what law are they breaking and what could I do about it to stop them using the name?

Cheers.

Axwell

Why or how do you figure they are breaking any rule or law? They exist and are using that name, you are starting out registering the same name. As I said above its a registered business name then you can both have that business name theres no law being broke.

If you register a company then you are the only company that can trade using that exact name.

They key part here is the type - business name or company. If someone is already registered with a company with the name xyz..then you cant register a company called xyz...

TheCostumeShop.ie: Ronan

I think I get where your going here, although you have worded it in a confusing way.

1. No registering a business name does not give you any protection over the name what so ever.
2. If the other group, band, buisness etc can prove that they we're there first and you go into the same field you can be sued under common law if you try to pass yourself off as them or profit from their reputation / work.
3. If they continue to do what they have always been doing and you start doing the same thing, you cannot then sue them for passing themselves off as you, since they we're there first and have an established history of doing that thing, Even if you are bigger / more successful than them.
4. If the other name is trademarked you can still register it, but you still wouldn't be allowed use it.

DR.Magoo

Thank you Ronan that has helped a lot, sorry if my wording wasn't the best.

If such a thing has happened, how would you go about sorting it? Where would you go to complain or get the case heard?

TheCostumeShop.ie: Ronan

It's not cheap but it goes through the court and you need substantial evidence. Time to talk to a solicitor.

DR.Magoo

Was afraid you were going to say that. Could it be just a case of who get's the trademark first gets to use it?

TheCostumeShop.ie: Ronan

Probably not, but you can try, still need to talk to a solicitor for the trademark application.