Similar Business Name

fifth

Hi,

I'm thinking of setting up as a sole trader.

I want to register a business name with the CRO. The only thing is, the business name I've chosen is very similar to a name that's already registered.

Let's say for example that my business name will be:

Gibson Auto Factors

and in the CRO system there's Gibson's Auto Factor Services

Will I run into trouble down the line? Would something like Gibson's Car Parts be better? (these are just examples)

It might be worth adding that this other company set up their name in the 80's and don't actually trade anymore (as far as I can tell) but they never wound-down..or gave up ownership of the name.

billybunty

Hi, we were in a similiar position a few years back setting up a business name and like the example you gave we had a very close name. The other company isn't too far from us, but they don't trade anymore or advertise, we do. So I think that unless ye live in the same proximity and the business may clash or people/customers might think they are dealing with the "other" (original) company that you should be ok.

HTH

fifth

Thanks for that.

It turns out they're in a different business category also..

e.g.: let's say they're calling themselves Gibson Auto Services but they solely deal with boats. Why they chose the name they have I don't know!

Plus they don't have a website or anything like that online either.

My brother set up a company a few years ago. Maguire & Leech Cabinet Makers.

Got a solicitor's letter from a company in Boston a few days later. They wanted him to stop trading under that name. Can't remember the name of the company, but they were furniture makers and had a line of furniture called "Maguire", and they felt people would confuse the two (despite them not even being in the same country).

Brother's solicitor pretty must just replied back with a letter telling them to cop on to themselves (and no more was heard of it).


I'm not sure how in the name of god this other company managed to find out about Maguire & Leech cabinet makers, or how they did it so quickly, but if they had the neck to send a letter over so soon, I'd imagine there might be a bit more hassle if you are named something similar and the other crowd with the similar name operate in close proximity to you.


I'm sure you'd be grand, legally, but you may get a headache or two out of it, is what I mean.

Tow

The CRO don't care if two or more businesses have the same or similar names. If you want to protect a name you have to register it as a trade mark and then fight your cases in court etc...